Page 23 - Delaware Lawyer - Summer 2021

Accommodation discussions are plagued by catastrophic thinking — if we grant this accommodation, everyone will expect it! This approach is unpro- ductive, and fears of a slippery slope are not a valid basis for denying an accom- modation. One way to get past this fear is to walk through the worst-case sce- nario. If the business grants an adjusted work schedule, what is the worst that can happen? Assuming multiple people ask to work a 6:00 a.m. to 2:00 p.m. shift, instead of our normal 8:00 a.m. to 4:00 p.m. shift, perhaps we can open operations earlier, and meet customer needs during a larger window of time. Or preparatory activities can be per- formed during this window that make later-arriving employees more produc- tive. And if the accommodation truly poses an undue hardship to the business or eliminates an essential function of the employee’s job, then it is by definition not reasonable and does not have to be granted. Considering the possible out- comes can help quell managers’ fears, and make these discussions more pro- ductive.
Even as the pandemic comes to a close, employees’ mental health strug- gles will not resolve overnight. Becom- ing comfortable with the finer points of the accommodation process will be an investment that pays dividends.
As we attempt to entice employees back to the office, it is also an ideal time to invest in employee benefits targeted at personal wellbeing as a way to ease the transition. This can include no-cost perks like a relaxed dress code, as well as employee assistance programs (EAPs), preventive health services such as di- etary counseling and on-site flu-shot clinics, company-sponsored exercise classes, and subsidized gym member- ships. Labor is difficult to come by, and these benefits can help distinguish busi- nesses as they fight to hire and retain the most qualified workforce they can through this transition.
There Is No Easy Solution
The common theme to all of these is- sues, and the pandemic itself, is this: there is no easy path back to “normal.” There is no panacea. Businesses and employees have faced nearly insurmountable obsta- cles, and the challenges are not yet over. As we walk this final mile, it is essential that we move intentionally and continue to extend grace and kindness to one an-
other. In a society as polarized as ours, it is too easy to fall into patterns of distrust and anger. Shifting our focus to solution- based discussions and collaborative prob- lem solving avoids these traps, and serves the dual needs of businesses and their employees; namely, to get back to work while balancing the wellbeing of the in- dividual and society. And it has the added benefit of being legally compliant.
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