Legal actions more often than not favors employers. Employees with disabilities have reported that such action often comes after reasonable accommodations were not provided. As such legal action is due to a lack of organizational-level knowledge on accommodation best practices and due to negative stereotypes concerning people with disabilities needing “special treatment."

University of Notre Dame

Employers have concerns about handling disciplinary actions toward and dismissal of workers with disabilities for fear of mistakes with subsequent legal repercussions. Proper accommodations and feedback are necessary in these situations of low performance regardless of disability status. Termination due to such productivity outcomes can be considered discriminatory given the lack of proper accommodations. Overall there is a need for employers and such employees to work together on accommodations to prevent such miscommunications from arising.

Performance Concern #3

Bonaccio, S., Connelly, C. E., Gellatly, I. R., Jetha, A., &amp; Martin Ginis, K. A. (2019). The participation of people with disabilities in the workplace across the employment cycle: Employer concerns and research evidence. Journal of Business and Psychology, 35(2), 135–158. https://doi.org/10.1007/s10869-018-9602-5 

The Participation of People with Disabilities in the Workplace Across the Employment Cycle: Employer Concerns and Research Evidence

The Relationship Between Legal Action and Employees with Disabilities (Performance Concern #3)

Proactive employers that look to enhance their knowledge on employment laws allow for the promotion of best practices in the workplace by managers. They can also look to confidential assistance provided by the ADA National Network when workplace performance issues arise. Reaching out to business networks (SenseAbility, etc.) and local organizations that support the inclusion of employees with disabilities can prove to inspire organizations to learn from others’ stories of successes and failures.

Implications of Performance Concern #3

Looking into factors that influence workers with disabilities’ decision to sue can aid in preventing lawsuits. Looking into where employers’ and coworkers’ behaviors are disproportionately associated with civil suits could also prove helpful.

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