04/18/2011
Employees who turn out not to meet the definition of “disabled” can still sue for disability discrimination based on their employer’s perception that they are disabled. That doesn’t mean, however, that supervisors can’t express concern and sympathy when an employee reveals a problem. Nor does it mean they can’t offer accommodations at that point or explain what types of leave are available.
04/15/2011
Many employers have a progressive-discipline system. Usually that’s good. But sometimes you may need to deviate from the disciplinary script. To keep your options open, make sure you explain that the disciplinary system is for guidance only, and that you reserve the right to apply the rules based on the individual circumstances of a particular case.