Legal Compliance & HR Partnership

Phase 4 · Module 10 · 3 Scenarios

Phase 4 · Module 10

Legal Compliance & HR Partnership

Use these scenarios for team coaching sessions, 1:1 debriefs, or certification preparation

1

Scenario 1

The Employee Who Mentions a Medical Condition During a PIP

Situation

Three weeks into a formal PIP, your employee — Renata — discloses: "I should probably tell you — I have been diagnosed with anxiety disorder. My doctor says it may be affecting my concentration." The PIP targets are related to accuracy and attention to detail.

Your Task

Respond correctly to a mid-PIP disability disclosure without violating ADA obligations.

Step-by-Step Guidance

1

Stop the PIP conversation immediately. Do not continue discussing performance targets right now.

2

Respond with genuine empathy: "Thank you for telling me that, Renata. I appreciate you trusting me with this."

3

Do NOT ask for details about the diagnosis, the severity, or the prognosis — this is protected health information.

4

Do NOT say "That explains a lot" or any statement that links the disability to the PIP targets.

5

Notify HR immediately after the meeting: "Renata disclosed a medical condition that may be ADA-relevant. Please advise on next steps."

6

HR will determine whether the interactive process is required and whether any accommodations are needed.

7

The PIP is typically paused while the accommodation process is completed.

8

Document: the disclosure, when you notified HR, and that you took no action pending HR guidance.

Facilitator Debrief

A mid-PIP disability disclosure changes the legal landscape immediately. Continuing the PIP without accommodation review could expose the company to ADA liability. The right move is always: thank, stop, and refer to HR.

Key Principle

When a medical condition is disclosed, the interactive process begins — and nothing else proceeds until HR guides it.

2

Scenario 2

The Manager Who Tries to Deny FMLA Leave

Situation

Your employee — Greg — requests FMLA leave to care for his seriously ill mother. Your team is already short-staffed and you are in the middle of your busiest season. You are considering asking Greg to delay or reduce the leave.

Your Task

Understand FMLA rights and your obligations as a manager.

Step-by-Step Guidance

1

Understand the law first: FMLA provides eligible employees up to 12 weeks of unpaid, job-protected leave. It is a federal right — not a benefit you grant or deny based on business need.

2

Do NOT ask Greg to delay or negotiate his leave start date based on team workload.

3

Do NOT penalize Greg in any way — no negative review references, no reduced opportunities upon return.

4

Contact HR immediately when FMLA is mentioned: "Greg has requested FMLA. Please send him the paperwork and advise me on the process."

5

HR sends the FMLA notice within five business days of the request.

6

Your job is to manage the workload with the resources available — not to manage Greg out of his legal right.

7

Plan for coverage: redistribute work, consider temporary resources, or reprioritize with your manager.

8

When Greg returns: restore him to the same or equivalent position. No changes to title, pay, or responsibilities as a result of the leave.

Facilitator Debrief

FMLA interference — discouraging an employee from taking protected leave — is a federal violation regardless of intent or business hardship. The business need is real; the employee's right is also real. HR manages the process. You manage the coverage.

Key Principle

FMLA is a right, not a request. Your role is to notify HR and manage coverage — not to approve or deny the leave.

3

Scenario 3

The Protected Class Comment in a Hiring Decision

Situation

After interviewing four candidates, your colleague manager says to you: "I think we should go with the younger candidate — I worry the older ones won't adapt as quickly to our tech stack." He expects you to agree and move forward with the hire.

Your Task

Recognize and address a protected class comment in a hiring decision.

Step-by-Step Guidance

1

Do not nod, agree, or stay silent — silence implies consent.

2

Respond directly and calmly: "I'd be careful with that framing. Age is a protected class — basing a hiring decision on how someone might adapt because of their age is a legal risk."

3

Redirect to evidence: "What about their actual demonstrated tech skills from the interviews and skills assessments?"

4

If your colleague dismisses your concern: "I think we should loop HR into this conversation before we finalize the decision."

5

Do not participate in documenting or communicating a hiring decision based on protected class reasoning.

6

If the hire is made on discriminatory grounds and you are aware of it, consult HR on your own reporting obligation.

7

Document your objection: when you raised it, to whom, and what was said.

Facilitator Debrief

Age discrimination in hiring is illegal under the ADEA (Age Discrimination in Employment Act). Managers who observe discriminatory reasoning — and stay silent — can share liability. Speaking up, redirecting to evidence, and escalating to HR are the right sequence.

Key Principle

Protected classes include age, race, sex, religion, national origin, disability, and more. Any hiring or employment decision influenced by these characteristics is legally and ethically prohibited.

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