ADA situation

GLC

We have an ee who is legally blind. Her job requires that she do a lot of driving seeing clients in the oommunity who are about to become homeless. She is on the road about 80% of the time. The doctor says she can still drive. She was recently diagnosed with a brain tumor that the doctors suspect is sitting on her optic nerve, therbey affecting her vision. This employee is great with her clients but terrible with her paperwork because she cannot see well. We have tried to work with her by enlarging her paperwork, but she still has problems completing the forms correctly. The secretary has to help her a lot to read her own writing. She copies and paste info. from one client to another without documenting what's actually going on with each client. She now has become very forgetful. Her supervisor recently asked her to make a copy of something and bring the copy back to her. She made a copy for herself and left the building. She is a very sweet person so I know she is not doing things to be insubordinate. I've told her supervisor to focus on the performance and not her medical condition. We recently asked the doctor to give us an update on her condition as to her ability to drive, giving the latest development with the brain tumor. We sent the doc her job description and asked him to let us know whether she can do the essential functions of her job. If the doc says she can do the job, but her supv says there are still problems, how long do we just overlook things? Any other suggestions? What exactly can we say to her without violating the ADA?

Don D

I see lots of emotion and caring in your post, which is a good thing. Sounds like you are trying your best to do the right thing by her and at the same time do right by your employer. Don't worry about violating the ADA. Nothing you say to her in an interractive discussion about her health's affect on her ability to continue functioning in the job will violate anything. Nobody will fault you for wanting to work through these issues to be sure she is able to perform the essential functions of her job with or without accommodation.

I would have additional concerns about her driving knowing she is legally blind and her vision is worsening. I assume she is not an independent contractor and is your liability while on the road, both to herself and others.

You will probably soon be at a crossroads where you are forced to decide whether you can continue to accommodate her or perhaps decide if you can totally craft a separate job for her using the traits she has that foster the mission of the company.

Violating the ADA is the least of your worries. Her disability is out on the table and you are working with her to resolve the questions you have.