You hire a new worker for a customer service position at your pet store. At first, the new hire does a great job. They are friendly with the customers’ pets, always on time, and great at helping customers find exactly what they want. But about two months ago you start to notice a change. They are less friendly and often coming to work late. Today you see them crying while they are talking to a customer. You send them home because it isn’t acceptable to cry in front of customers. You are planning to fire them because it just isn’t working out anymore. They need to be at the store on time and ready to work.
Are you meeting your responsibilities under the Code?
No, you are not meeting your responsibilities under the Code. There were signs that the new hire may have been experiencing symptoms of depression or another mental health problem or illness, but you aren’t asking them what you can do to ensure they are meeting their job responsibilities. You have a responsibility to ask them about what is causing the change in their work performance and to learn if a health condition or disability (or another part of their identity protected by the Code) is a factor in that change. By learning whether a disability might be contributing to this change, you will know if you need to accommodate them.