Discrimination and the Disabled

[arisbe]

On July 8, Doug Williams, a 48-year-old assembly-line worker at the Lockheed Martin plant in Meridian, Mississippi, walked out of a meeting with managers on how to get along with fellow employees -- just the sort of meeting encouraged by federal law to assure that everyone appreciates the merit of diversity and that no one is being harassed in the workplace. Minutes later, he returned with shotgun and a rifle. He shot two people in the room and three more on the factory floor. Then, he killed himself.

...

So let's say an employer suspects he has a nutcase working at the factory. Once all the bureaucratic hurdles have been cleared, can the employer fire the guy? Not yet. The employer must first make "reasonable accommodation." "For example, room dividers, partitions, or other soundproofing or visual barriers between workspaces may accommodate individuals who have disability-related limitations in concentration." What is reasonable accommodation? The courts are still working on that. They'll get back to you in a few years. Or maybe never.

from How Government Protects Potential Workplace Killers

By Llewellyn H. Rockwell, Jr.

Comments

Harassment

[arisbe.livejournal.com]

But if the harassing behavior was shown to result from a psychiatric disorder?

Re: Harassment

[vyoma.livejournal.com]

Was it so demonstrated? I'm not aware of any particular psychological disorder that has "race-based threats" as a symptom, although I think racism is itself a form of mental illness. As far as I know, DSM-IV disagrees with me on that point so far.

As far as psychological maladies go in general, however, an employer can remove an employee from the workplace if the nature of the disorder is such that it causes problems with other employees. The employee would be covered by disability insurance, and while he/she might not be fired for it, they could certainly be put on an indeterminate sick-leave.