ADA; dyslexia

donicek

employeed 6 mo.just revealing dyslexic after warning from supv.not putting notes in computer & other reps and customers suffering. What can we require from him to prove he is dyslexic as we do not believe him? Any suggestions? Thank you.

Don D

I thought dyslexia was doing things in an inconsistent order, perhaps reading letters of words out of order. Sounds like your guy is simply NOT DOING ROUTINE THINGS that are requirements of the job. If keyboarding data and information into a computer is an integral part of the job that can't be 'accommodated' out of the job, looks as if he's not 'a qualified individual' if he cannot perform the function.

Theresa Gegen TX

You could ask him for medical documentation of his condition so that you can determine if there is a reasonable accomodation that can be made (for example, a dr's note or information about when it was diagnosed). He may be diagnosising himself based on things he has seen in the news media -- this does not mean that he doesn't have the condition (he might be right), and even if he is wrong, it does not mean that he is lying (he might actually believe that he has the condition). The only way you are going to prove that he is lying is if he has been tested and been given a clean bill. Otherwise, he could actually believe he has that problem and just be wrong.

If he hasn't been tested, the employer could always request that he be tested. But an easier path is to focus on "can he do the essential functions, with or without reasonable accomodation?" Just ask him whether there is an accomodation that he needs in order to do the essential functions of the position. Not holding him accountable for poor performance is not a reasonable accomodation. He can be held accountable, even if its caused by dysleskia (or some other condition). Eliminating essential functions is not a reasonable accomodation. But he may actually come up with something that would be a reasonable accomodation.

If he can't come up with any reasonable accomodation, and he says there are certain functions that he can't do, if those functions are essential, then he can be terminated. If he can't come up with any reasonable accomodation, and his performance is still poor, he can be terminated.

Good Luck!

PS. Do not assume that dysleskia is a disability. Whether it is a disability is a difficult issue which depends in great part on how it effects his major life activities. This guy can probably do most things that anyone else can do, so I doubt he is disabled. Don't state that you believe him to be disabled. Probably, you would try to accomodate any medical condition -- whether it is a disability under the ADA or not. That's all you are doing here.