HRM 510 WEEK 11 DISCUSSION - 83721

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olufunmilola

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Please respond to the following: • How should employers deal with situations in which performance problems might be related to employees’ disabilities? Please respond to the following: • Should employers use noncompetition agreements or other restrictive covenants? If so, under what circumstances? What should an employer do if someone that the employer wants to hire is a party to a restrictive covenant with a previous employer? NOTE: THREE ANSWER POSTED FOR EACH DISCUSSION AS A BONUS JUST CHOOSE ONE
Solution Description

DISCUSSION 1

 

How should employers deal with situations in which performance problems might be related to employees’ disabilities?

If an employee is performing his or her job satisfactorily, an employer cannot (and should not) take any action to even imply that the employee may have a medical condition. Doing so would be a violation of various disability discrimination laws. Indeed, if an employee is performing his or her job satisfactorily it means the employee is doing what he or she is supposed to do: 1) come to work and 2) do his or her job. The employer should sit back proudly and thank the employee for a job well done.

If, however, an employee is not performing satisfactorily, then it is time for the employer to step in. Any conversation, however, needs to be performance related. The starting point of a conversation with an employee (disabled or not) should never be a suspicion on the employer’s part that the employee has a disability or medical condition. Rather, the employer needs to focus on the employee’s actions, performance, behavior, attitude, etc. that are not satisfactory, and discuss ways for improvement.

Yes, it could be that the employee has a disability that is limiting his or her ability to perform the essential functions of the job. In that case, the employer may need to consider whether there are any reasonable accommodations that could be made to alleviate those limitations and allow the employee to perform those functions. Even then, however, the focus is on performance and ability. How is the employee going to get the job done and meet the employer’s expectations, notwithstanding the disability’s limitations? 

OR

How should employers deal with situations in which performance problems might be related to employees’ disabilities?

 

When an employee has a disability it is important to ensure that all laws are being followed as to how to evaluate that person’s performance. The manager should take into account the limitations of the disabled person and not use that disability against him/her. It is understood when hiring a person with a disability or upon injury and disability of a current employee there will be limitations to the job tasks in which he/she is able to perform. Although manger may become irritated by the employee not being able to complete tasks and thus needing assistance this cannot be counted against the employee during elevation. Instead the manager should first evaluate the employee as they would any other employee. The reassess areas of the evaluation pertaining to the disability and assess b

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