Employment Law Attorney in Minneapolis, Minnesota

Should an Employer Ask If Something Is Wrong?

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The law with respect to what an employer’s obligation is relating to disabled people is really unique. They have two competing obligations. On the one hand they have to reasonably accommodate for folks who need help. On the other hand they have to not treat disabled people differently. And so, you don’t – I would say you never ask, “Is something wrong?” Because it doesn’t matter to you what’s going on for someone personally. What matters is what help do they need. So, if you notice something’s amiss, the better question is, how can I help you to do a great job like I know you can? What help can I give you?

Minneapolis and St. Cloud employment law attorney Sheila Engelmeier discusses the two competing employer obligations regarding employees with mental health disabilities. She explained that employment law places unique responsibilities on employers when working with employees with disabilities because they must balance two important legal obligations. On one hand, employers are required to provide reasonable accommodations to employees who need assistance, while on the other hand, they must avoid treating employees with disabilities differently from others. According to her, this balance requires employers to focus on supporting employees without making assumptions about their personal or medical circumstances.

She advised employers to avoid asking employees whether something is wrong with them because an employee’s personal condition is not the employer’s primary concern. Instead, she emphasized that employers should focus on identifying the type of support an employee may need to perform successfully in the workplace. She recommended asking questions that encourage assistance, such as how the employer can help the employee do their job effectively, rather than making assumptions about a possible disability.

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