Ethical Standards and Code of Conduct
Questions and Answers |
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Equal Opportunity/Affirmative Action and Employee Relations
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- A co-worker has disclosed that they have been diagnosed with adult ADHD. What accommodations are required to maintain this person's productivity, privacy and confidentiality?
- What does the University do if the supervisor filing a disciplinary is actually hostile and aggressive and their claims are motivated in bad faith and are, in fact, baseless. There is a real power differential present and employees can be easily manipulated and put in fear not just for their job but physical danger.
- How do you define the "essential duties of a position?"
- As a Staff Member may I have a relationship with another staff or faculty member as long as we aren't in the same department?
- If a supervisor puts a negative report on my file is he required to tell me? May I look at my personnel file?
- What can a staff member do if the director or dean is verbally abusive?
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| Q1: |
A co-worker has disclosed that they have been diagnosed with adult ADHD. What accommodations are required to maintain this person's productivity, privacy and confidentiality?
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A1:
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It is not possible to speculate on our obligation to an employee with ADHD until a review has been completed by the Office of Equal Opportunity and Affirmative Action (OEO/AA), which includes obtaining information from the employee's health care provider and evaluating the impact of ADHD on fulfilling the responsibilities of each specific job. Therefore, managers and administrators should refer the person to the OEO/AA to request an accommodation. If the employee chooses not to request an accommodation, then their performance should be evaluated without regard to their ADHD. Also, any accommodation granted would not impact an evaluation of the employee's conduct or performance prior to the request-the ADA is not retroactive. Whenever such a situation arises, I recommend you call the OEO/AA and consult regarding the particulars of the case.
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| Q2: |
What does the University do if the supervisor filing a disciplinary is actually hostile and aggressive and their claims are motivated in bad faith and are, in fact, baseless. There is a real power differential present and employees can be easily manipulated and put in fear not just for their job but physical danger.
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A2:
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Every request by a manager to take disciplinary action goes through a review process. The assigned Employee Relations (ER) Specialist will consider all information from the department before making a recommendation. As needed, they will request additional information, documentation and evidence. University policy provides a mechanism for employees to grieve any disciplinary action that they deem is unfair or baseless. This process is in PPM 2-32 (soon to be PPM 2-25). If there is any reason for fear of physical danger, we refer the individual immediately to Public Safety.
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| Q3: |
How do you define the "essential duties of a position?"
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A3:
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Under the Americans with Disabilities Act (ADA), the "essential functions" of a job include those duties which the position exists to perform. For example, a filing clerk may be asked on occasion to help cover phones during the lunch hour. This would not be an essential function of the job. On the other hand, for the receptionist it is an essential function. There are some duties that may occur infrequently but are none the less essential. For example, a nurse may seldom be called upon to deal with a medical emergency, but it is an essential function that s/he be able to do so.
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| Q4: |
As a Staff Member may I have a relationship with another staff or faculty member as long as we aren't in the same department?
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A4:
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There is no issue regarding the consensual relationships policy as long as one person does not have institutional power over another. So if you are the Director of a Department having a relationship with someone in a separate department, there is probably no concern. However, it would be problematic if you are, for example, a Dean or VP having a relationship with someone in a department in a reporting line to you, even if they are not in your specific department.
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| Q5: |
If a supervisor puts a negative report on my file is he required to tell me? May I look at my personnel file?
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A5:
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Employees have access to their personnel file(s) at the University of Utah. Any file kept on an employee, including any "private" file a supervisor may be keeping, may be viewed by the employee. Supervisors may choose to put notes regarding an employee in a file without giving the employee a copy, but this is a practice we discourage. However, any letter considered a level of progressive discipline (warning, final written warning) must be given to the employee, which may then be grieved.
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| Q6: |
What can a staff member do if the director or dean is verbally abusive?
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A6:
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If the behavior involves a form of sexual harassment or illegal discrimination, the matter should be reported to the OEO/AA. If not, I recommend the employee contact Employee Relations for advice. For Directors, if the behavior violates University policy, then ER can work with the appropriate higher level administrator to take appropriate disciplinary action. This is more difficult with a Dean, who is a tenured faculty member. In such cases, we can discuss alternatives. Sometimes we will coordinate with the appropriate faculty administrator to identify strategies for resolving the situation. In all cases, Human Resources offers a free mediation service that is an effective way to resolve difficulties in the workplace. Contact the OEO/AA at x1-8365 for more information.
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