Dear Joan:

I believe most employees are familiar with the general provisions (of ADA), but there is one question that comes up frequently that management seems reluctant to address.  We all understand that more allowances are made for employees with disabilities, but is there any limit to what co-workers have to tolerate especially from an employee who is consistently rude to co-workers, overly demanding of help and assistance regardless of the other employees' workload, walking into co-workers' cubicles  and sitting themselves down on the desk area, frequently borrowing money to the extent of almost stalking co-workers until they agree, and exhibiting poor hygiene with dirt encrusted fingernails and an unwashed odor?  

One particular co-worker with a problem of an unspecified nature (we're simply told that she is "fragile") is exceedingly quick to run to management, while still audibly cursing the co-worker,  when others don't immediately acquiescence to her demands.

This begins a whole new round of discomfort with the co-workers then being hauled in for questioning and having their judgment, workloads, and work habits questioned.  This has happened to employees with 20-30 years of good service.

I happen to have just gone through a lengthy sick leave and gradual return to work myself, so it's not as if I'm unaware of the problems ill employees face or unsympathetic, but where are the lines drawn as to acceptable behavior after accommodations are made.  Or aren't there any?

I'd appreciate any help you can provide as the climate in our division is steadily worsening. Thank you.

Answer:

The behavior you describe is a supervisor´s worst nightmare. Your coworker may have  figured out a sweet little system that keeps management on the run and her co-workers at her mercy.

If she is as manipulative as your letter implies, she doesn´t seem that "fragile" to me.  In fact, if she is exploiting the law, it´s no wonder it is creating a backlash to the well-intended Americans with Disabilities Act. 

However, I spoke with David B. Kern, the Chair of the Labor & Employment Law Group at Quarles & Brady in Milwaukee, and he had several cautions.  The first is that while this employee may not seem "fragile" to lay people, lay people are not in a position to make medical judgments about whether someone is disabled under the law. 

In addition, accommodating disabled co-workers can give rise to some inconvenience which both the employer and the co-workers may have to endure.  It is only when an accommodation is not reasonable, or poses an "undue hardship" to the business, that the employer is justified in refusing it.  So, whether this is the situation in your case must be determined by your supervisor and the HR department.

Kern also points out that some state laws provide even broader protection than the ADA with respect to disabilities.  For example, under Wisconsin law, if a disabled employee can show that his or her misbehavior was actually caused by their disability, the employer may have to exercise "clemency and forbearance" and forgive what would otherwise be a rule violation.  All of these are tricky considerations that enter into whether, and for how long, co-workers must endure hardships caused by the accommodation of disabled employees.           

Fragile or not, the behavior you describe violates some basic rules of respect and fair treatment and her boss (and/or HR) appear to be too intimidated to do anything about it. Cursing at her coworkers, stalking them for money, barging in and sitting on top of a co-worker´s desk and demanding help without regard for anyone else´s workload are issues that need to be addressed with her.

The hygiene issues are always tricky to deal with and in this case, her supervisor is probably just wishing it would all go away. It's difficult enough to tell someone who isn´t "fragile" they have body odor. "No thanks, I´m not touching that one," I can hear the supervisor mutter. However, some coaching would be appropriate here, especially since it may be difficult to work closely with her.

Don´t go looking for trouble but if she is making your life miserable, take these steps to protect yourself.

If the manager is unwilling to confront this individual and set clear expectations of what will and won´t be tolerated, your only recourse is to document what you say and do regarding your interactions with her. For example, if she barges in and demands help that will take a lot of time, send her an email documenting when you will have time to help her and on what. Copy your boss and ask him or her whether you need to put your priorities on the back burner to move hers to the front.

Keep records of how often she stops in uninvited and how long she stays and what she demands. Be resolute about not lending her a farthing. "Sorry, it´s my policy never to mix personal finances and work." If you give in-like her supervisor and others seem to be-you will just be one more person she can threaten, bully, manipulate and rat on.

If she curses at you tell her it is unacceptable and disrespectful. Document it and forward it to her boss. If you are called in to account for some alleged "wrongdoing," to your coworker, make sure your behavior is beyond reproach.

Don´t bait her or bash her. Simply do your job and refuse to be mistreated by her. (If your supervisor isn´t going to confront her behavior, I highly doubt he/she is going to take action against you, either.)

If it becomes intolerable, look for a new position and once you have one, send the documentation to HR, along with your reason for leaving clearly spelled out in an exit letter.

Joan Lloyd is an executive coach, management consultant, facilitator and professional trainer/speaker.  Email your question to Joan at info@joanlloyd.com.  Joan Lloyd & Associates, (800) 348-1944, Visit www.JoanLloyd.com © Joan Lloyd & Associates, Inc.

Do you want more tips like this?  Send an email with the subject line "Online Newsletter" to info@joanlloyd.com and receive Joan Lloyd´s free mini-newsletter each week.

Joan Lloyd newest workshop for supervisors and managers, Strategies to Resolve & Reduce Employee & Team Conflict, provides real-world solutions for real-life situations. 

Joan Lloyd´s, How to Coach & Give Feedback CD is designed to teach managers how to give feedback on sensitive issues available at http://www.joanlloyd.com/store/default.asp