CADRE Resources
“What has disability got to do with conflict?”
The disability itself is not the source of "conflict" between parties. Instead, it’s the perceptions or attitudes that lead to miscommunication and breakdowns in relations. An employer’s misunderstanding may simply arise from a lack of information about the disability. When faced with the impact of disability in the workplace, both the employee and employer often lack appropriate information about the interactive reasonable accommodation process, their rights and responsibilities under the law, and the disability itself. The employer is concerned with getting the job done, the impact on bystanders, and potential lawsuits if not handled appropriately. The employee may be concerned about whether or not an accommodation will be provided and about losing his or her job. These concerns, coupled with a lack of knowledge, can easily lead to fear, uncertainty, and lack of trust, creating internal stresses that spill over into the workplace.
When business operations are affected, the employer may react from an emotional, judgmental, or subjective perspective. The parties need to explore how the employee’s functioning can be brought to productive levels through reasonable accommodation. Certainly, restoring someone to full functioning in the workplace is a win-win proposition for both the employee and the employer – the employee with the disability feels good about being able to perform the job and retaining employment while the employer is satisfied that the job is getting done.
An individual’s level of confidence, morale, and productivity is affected when he or she faces challenges in getting a job done well, and when he perceives negative attitudes from co-workers and supervisors. The result can be a confirmation of stereotypical expectations that further feed attitudes and biases about disability.
This conflict spiral -- including an escalating breakdown in communications and relations, perhaps involving bystanders, and oftentimes leading to a formal complaint by the employee with a disability -- may likely be resolvable through mediation. It is in the interests of all parties to return to effective job functioning and restored employee morale.
Understanding Disability issues
To address both rights- and interest-based issues presented in reasonable accommodation cases, qualified workplace ADA mediators have knowledge of ADA law (including reasonable accommodation design) and disability issues and a self-awareness of their own attitudes. Because of the substantive issues presented in these cases, the ADA mediator needs to be familiar with resources such as the Job Accommodation Network (JAN), the Department of Vocational Rehabilitation (DVR), Independent Living Centers (ILCs), Disability and Business Technical Assistance Centers (DBTACS) and other local disability-related services. These resources can help the mediator draw upon appropriate tools for information and education to the parties as part of the mediation process.
Laying the Groundwork for a Successful Mediation
Convening or case development is a valuable step towards a successful outcome when disability issues exist, as it is in many cases involving interpersonal relations. By working with each party prior to the first mediated session, the parties are better prepared to mediate effectively and the mediator is better positioned to understand the interests as well as the needs and fears of the parties.
In one mediation case, for example, the mediator learned through pre-session conversations that the person with the disability lacked a clear understanding and knowledge of her rights, expressing unrealistic expectations about the employer’s responsibilities. The mediator referred her to appropriate ADA resources such as the Job Accommodation Network (JAN), mailed her an EEOC guide on Employee’s Rights & Responsibilities which also provide
