condition, the only one relevant to these situations is when the employer has objective evidence that an employee is unable to perform their job or poses a safety risk because of the condition. If the employee’s condition creates the potential for workplace violence, it would seem to satisfy the permissible enquiry standard. Additionally, it is quite possible that the mental condition could constitute a disability under the ADA. The EEOC takes the position that a mental health condition does not have to be significant or permanent to qualify as a “disability”. If the condition is limiting to the employee it likely qualifies. The potential safety risks involved with violent or aggressive behavior would certainly be limiting. In these types of cases it is always best to have the medical professionals involved – both that of the company as well as the employee’s medical provider. An individualized assessment would have to be made before any definitive action, including any
About the Author Richard D. Alaniz is a partner at Alaniz Law & Associates, PLLC, a labor and employment firm based in Houston. He has been at the forefront of labor and employment law for over forty years, including stints with the U.S. Department of Labor and the National Labor Relations Board. Rick is a prolific writer on labor and employment law and conducts frequent seminars to client companies and trade associations across the country. Questions about this article, or requests to subscribe to receive Rick’s monthly articles, can be addressed to Rick at (281) 833-2200 or
ralaniz@alaniz-law.com.
potential reasonable accommodation could be considered.
Conclusion Workplace disputes can be something as simple as a brief exchange of cross words between employees, up to an all- out physical confrontation. Maintaining
order in the workplace and assuring all employees a safe and hopefully pleasant work environment should be among every employer’s highest priorities. Being aware of the warning signs of aggressive behavior and how to respond should be a critical part of all manager and supervisor training.
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