What if a co-worker(s) complains about a religious accommodation given to another employee? |
It would depend on the nature of the complaint. If a religious accommodation is met with resentment and jealousy by co-workers the manager should educate the team about religious accommodation and that the manager is complying with their responsibilities. If a religious accommodation infringes on another co-workers’ ability to perform their tasks or creates a hostile work environment to the surrounding employees the accommodation may qualify as an undue hardship and therefore would not be considered a reasonable accommodation. |
What course of action should a manager take if the alleged victim of harassment elects to not pursue the complaint? |
The National Institutes of Health is legally obligated to investigate any potential allegations of harassment once it is notified of its existence. Once management is made aware of potentially unlawful behavior it is duty bound to conduct an administrative inquiry regardless of the victim’s wishes. |
Is an employee who brings a harassment claim protected from retaliation/reprisal? |
Yes. The NIH is committed to promoting and maintaining a work environment free from discrimination and retaliation. Reprisal for participation in the EEO process is prohibited. If an employee wishes to seek information or file an EEO complaint of reprisal he or she may contact EDI Resolutions within 45 calendar days of the alleged occurrence(s) of retaliation discrimination. |
What course of action can a witness to sexual harassment take? |
Sexual harassment affects more than the person being targeted. A witness to sexual harassment may also be a victim of illegal harassment. If the sexual harassment is severe or pervasive enough to create a hostile, intimidating, or offensive work environment a witness may file a hostile work environment claim. A witness does not have to suffer an adverse employment action to file a hostile work environment claim. |
What should a manager do after a reasonable accommodation request has been made? |
The manager and employee or applicant should promptly engage in an “interactive process” with the employee to determine whether and what type of an accommodation is appropriate. When engaging in the process, the manager and employee or applicant will consider the essential duties, the functional limitations imposed by the disability or medical condition, and the effectiveness of the various options for reasonable accommodation that could mitigate the effects of those functional limitations. |
What are essential functions? |
Essential functions are the basic job duties that an employee or applicant must be able to perform, with or without reasonable accommodation. Essential functions are the fundamental, crucial job duties performed in a position. They do not include marginal functions, which are extra or incidental duties. A function may be essential because:
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