Why?
Because thinking like a lawyer is about spotting issues and spotting issues gives you a chance to correct mistakes before they happen. Not only that, but when troublesome employees see an employer routinely comply with federal and state laws, they are less likely to pay a visit to the EEOC or any other government organization for non-legitimate complaints. They are also less likely to find an attorney to represent them because good attorneys don’t take cases when the facts are clearly less than advantageous.
How?
The Socratic Method. You have to answer the question asked. But before you get to that point, you have to figure out what the real question is.
Example:
Coworker A comes to you, the HR manager, complaining about Coworker B in the cubicle next to them. In the midst of rattling off a list of B’s more undesirable characteristics, A mentions that B is wearing too much perfume. Your initial thought is to tell A to learn to settle things like an adult. After all, you know A and B have never gotten along and they’re always arguing. But then you remember having seen A use an asthma inhaler. What should your next thought be? Perfume = asthma attack = ADA.
It doesn’t matter that the real issue (asthma) wasn’t presently to you plainly. You had reason to know it was a problem. A smart HR manager might proceed by asking why the perfume bothers A. If she says she doesn’t like the smell because it reminds her of flowers her ex-boyfriend gave her, then reasonable accommodation might not be hovering on the horizon. But if she says it makes her cough and sneeze, a smart HR manager should probably take action.
What if you, the HR manager, have no reason to believe asthma is an issue? Use common sense. Perfume can be a trigger for allergies and migraines, as well. If someone complains, find out why they’re complaining and determine if action is needed.
Bottom Line
Stay alert. Think about what the underlying issues might be and their potential consequences. You know your job and you know when something is amiss. Trust your instinct and follow up on it. After awhile, sniffing out the real problem will become second nature and will save your employer major headaches.
