Joe, a call center representative, suffered from a rare condition known as “brit

Question

Joe, a call center representative, suffered from a rare condition known as “brittle bone disease” that permanently confined him to a wheelchair. The call center has a strict policy on tardiness. Employees are penalized for reporting to work or returning from lunch more than three minutes late. Joe was frequently late, especially returning from lunch. His tardiness was caused by a variety of factors including an insufficient number of disabled accessible parking spots in the company lot, a policy of not assigning specific cubicles to representatives, cluttered aisles that made it difficult to maneuver between cubicles, and lack of equipment in some cubicles. Joe requested that he be given a grace period of an additional 15 minutes when returning from lunch. He would be responsible for working the same total amount of time, but he would be allowed to start a few minutes later if needed. Adjusting his work schedule in this manner would have eliminated almost all of the incidents of tardiness. His supervisors refused the grace period request and terminated the representative.

Discuss whether the employer failed to reasonably accommodate Joe.

Explanation / Answer

As per my understanding based on the facts narrated, I am firm of the view/opinion that the employer failed to reasonably accomodate Joe. Employer is supposed to take extra care for the disable employees and make available the much needed space for the movement of handicap persons and or wheel chairs. As mentioned Joe was frequently late because of variety of factors for which I will held employer as irresponsible. Further Joe expressed his willingness work for the same total amount of time. His supervisors should have probed the real reasons behind their subordinates getting late and should have taken the appropriate actions to remove the reasons/ cause for lateness rather than removing the employees.

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