Not hiring because of a personal habit

Shary

We have an employee who currently works in our bookkeeping department, and has minimal customer contact. She has applied for a position within our company that would have a lot of customer contact, as well as supervisory reponsibilities. She is qualified for the position, but has a very annoying nervouse laugh that we have already had complaints about from co-workers, as well as a few customers that she has dealt with in the past. The only reason we would not hire her for this position is her strange annoying laugh and apparent inabilility to control it. Would this be discriminatory if we did not hire her because of this, and do we tell her the reason? This issue already had been brought up in performance reviews, but it is now an issue of whether she receives this new position. Any suggestions on how to handle this problem?

Indiana Catbert

Clearly the nervous laugh has had consequences in her current job and will be more of an issue in the new role. Turning her down for this issue is relevant to job requirements. As such, this is not illegal discrimination (not done on the basis of a protected class). If other candidates have communication issues, you should be consistent with not hiring them too.

As far as communicating this to the employee about why she wasn't selected, I think you should tell her why. I assume that the prior complaints have been raised to her before, but if not, do so now. She may be unhappy with the feedback, but it is better to be straightforward so she can own and address her problem. Keep the door open for future opportunities and encourage her to get help.

ACU Frank

If YOU weren't so darned funny, maybe she wouldn't be laughing all the time.

System

>If YOU weren't so darned funny-looking, maybe she wouldn't be laughing all the time.

Now, Frank, that wasn't very nice...

ACU Frank

>Now, Frank, that wasn't very nice of me...


That's okay. I forgive you.

System

Haha. Touche.

SBinDC

I would be a little cautious about this. I'm no shrink, but I understand that a recognized condition, "tourette's syndrome" often results in inappropriate/random/uncontrollable vocalizations by those who suffer from it-- and it's possible her behavior is the result of that or a similar condition, which could(?) be covered under ADA.

If you've addressed the behavior with her previously in performance reviews, and she has not responded that she has a particular condition that renders her unable to control this laughter, and has not-- to date-- requested an accommodation, maybe this is nothing? But if I were in your place, I would prepare myself before telling her she doesn't get the job for her to claim an ADA covered condition and request accommodation... and be clear in your mind how you will respond.

Also, the more recent wrinkle of "perceived disability" could come into this....a real nightmare!!

neveradull

This sounds like one of my employees (also In accounting) does a fantastic job but also has that nervous annoying laugh when stressed or tasked by an authority figure. In my case I have found that when I hear the giggle I nead to restate my directions so she understands. I really don't believe she will ever be able to totally stop her nervous laugh, but over time as confidence and experience increases the laughter becomes less and less. Personally, I would give her the job, talk to coworkers and occasional customer who complain about tolerance, compassion, and understanding. Everyone has some trait that is annoying to someone else, mine today is being perfect lol.

ACU Frank

>Everyone has some trait that is annoying to
>someone else, mine today is being perfect lol.


I never find your perfection annoying! On the other hand, there's that self-esteem issue I continue to find troubling...