WHO IS RESPONSIBLE FOR THIS BEHAVIOR?
A newly hired employee of the Border Patrol asked for a reasonable accommodation because he had a learning disability. An agency psychiatrist diagnosed him as having a learning disability involving his reading, slow rate of work, and short term memory. Here is how EEOC described how the employee’s managers reacted. “The SL Supervisor asked for additional documentation to support Complainant’s assertion. On that date, Complainant indicated that the alleged harassment began. He said that the SL Supervisor began making predictions about Complainant’s purported inability to memorize facts both directly to Complainant and to the FTOs. On the same day, FTO SS made disparaging and embarrassing comments about Complainant to the whole class. FTO SS continued to ridicule Complainant by stating that his daughter at five could remember the station’s phone number. The next day, FTO RS told the entire intern class that Complainant could have worked all day and still would not be able to complete the work. On February 13, 2009, FTO VA made sounds of shock and laughed while reviewing Complainant’s test on February 13, 2009. On February 18, 2009, FTO SS remarked, while Complainant was reading a Field Observation Report, ‘I could read Moby Dick in less time.’ In sum, the AJ found that the record supported Complainant’s claim that he was openly ridiculed by the FTOs, including FTO RS, FTO SS, FTO VA, and FTO JZ, on various occasions starting in February 2009.” Yes, the EEOC found the managers and Field Training Officers violated the law by harassing the employee for filing for a reasonable accommodation, and yes the employee got over $50,000 in back pay to soften the blow of ultimately having been terminated. But we want to talk about who is responsible for the managers’ behavior. As far as we are concerned, it is… Continue reading →
