Learn how an HR manager should respond when senior management suggests terminating injured employees after an accommodation request. Discover key considerations for upholding ethics and avoiding legal issues. Prepare for the SHRM-SCP exam with expert insights.
Table of Contents
Question
An HR manager meets with the area supervisor and an employee who has limited head mobility due to a work-related injury to discuss potential accommodations. The employee suggests building steps at one of the workstations in an assembly line so the employee does not have to look upward.
After considering other workers’ traffic patterns, everyone except the employee concludes adding stairs will introduce a tripping hazard and decrease the safety of other workers. The employee threatens to file a lawsuit claiming the company did not adequately explore the employee’s suggested accommodation.
Senior management instructs the HR manager to develop a plan for legally terminating other injured employees to prevent them from filing suits. How should the HR manager respond?
A. Inform senior management that this action could result in the filing of wrongful termination suits.
B. Explain that other employees will observe the common theme among the terminated employees, which will lower morale and trust of leadership.
C. Advise senior management to have the issue reviewed by a different team to see whether they can suggest alternate solutions.
D. Examine the employees’ HR files to see whether there are any violations of company policy.
Answer
The correct answer is A. The HR manager should inform senior management that terminating injured employees in response to an accommodation request could result in wrongful termination lawsuits.
Explanation
- Terminating employees solely because of their injuries or for requesting accommodations would likely be viewed as disability discrimination under the Americans with Disabilities Act (ADA). The ADA prohibits employers from retaliating against employees who request reasonable accommodations.
- While the employee’s specific accommodation suggestion was deemed unsafe, the company still has an obligation to engage in the interactive process and explore other potential reasonable accommodations. Jumping straight to termination without properly engaging in this process exposes the company to legal risk.
- Systematically terminating injured employees sends the message that the company is unwilling to accommodate disabilities and work with employees to find solutions. This could lead to a pattern or practice of discrimination claims.
- The HR manager’s role is to advise senior management on compliance with employment laws and mitigate legal risks. Alerting them to the possibility of wrongful termination suits upholds this responsibility.
The other options are less appropriate:
B addresses employee morale but doesn’t directly caution about the primary legal risks
C defers the issue but doesn’t provide clear guidance to management in the moment
D looks for alternative reasons to terminate, which doesn’t address the core ethical and legal issues
In summary, the HR manager should push back on senior management’s suggested approach, as it likely violates disability discrimination laws. The manager should recommend continued good faith exploration of accommodations and advise that terminations could trigger wrongful termination suits.
SHRM Senior Certified Professional (SHRM-SCP) certification exam practice question and answer (Q&A) dump with detail explanation and reference available free, helpful to pass the SHRM-SCP exam and earn SHRM-SCP certification.