CASE_seeking-safe-refuge-a-disability-accommodation-story

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Seeking Safe Refuge: A Disability Accommodation Story Case Author: Katherine Breward Online Pub Date: January 15, 2020 | Original Pub. Date: 2020 Subject: Employee, Industrial & Labor Relations, Diversity, Equality & Inclusion in the Workplace, Wellbeing, Health & Stress at Work Level: | Type: Direct case | Length: 2587 Copyright: © Katherine Breward 2020 Organization: | Organization size: Large Region: Northern America | State: Industry: Manufacturing Originally Published in: Publisher: SAGE Publications: SAGE Business Cases Originals DOI: http://dx.doi.org/10.4135/9781529707779 | Online ISBN: 9781529707779

© Katherine Breward 2020 This case was prepared for inclusion in SAGE Business Cases primarily as a basis for classroom discussion or self-study, and is not meant to illustrate either effective or ineffective management styles. Nothing herein shall be deemed to be an endorsement of any kind. This case is for scholarly, educational, or personal use only within your university, and cannot be forwarded outside the university or used for other commercial purposes. 2021 SAGE Publications Ltd. All Rights Reserved. The case studies on SAGE Business Cases are designed and optimized for online learning. Please refer to the online version of this case to fully experience any video, data embeds, spreadsheets, slides, or other resources that may be included. This content may only be distributed for use within Saskatchewan Polytechnic PAREN. http://dx.doi.org/10.4135/9781529707779 SAGE © Katherine Breward 2020 SAGE Business Cases Page 2 of 6 Seeking Safe Refuge: A Disability Accommodation Story

Abstract Axmed, a Somali refugee living in Canada, experiences workplace bullying related to his refugee status. The stress associated with the bullying triggers the onset of symptoms associated with his bipolar disorder and anxiety. Despite assurances that his co-workers will adjust their behaviors going forward, Axmed seeks a disability accommodation. He asks to be moved from the night shift to the day shift to avoid any possibility of future contact with his harassers. This accommodation request interferes with conditions laid out in the collective agreement, which states that assignment to the day shift must be determined by seniority. Managers and union representatives must decide how best to address the situation such that they meet their legal and ethical responsibilities while ensuring a well-functioning workplace. Case Learning Outcomes After completing this case students should be able to: • 1. better understand the lived reality of, and express empathy for, people facing intersectional stereotyping at work due to multiple aspects of their identity; • 2. propose effective and responsible responses to bullying and harassment in the workplace; • 3. identify and describe appropriate processes for disability accommodation decisions in unionized environments; and • 4. assess relevant legal and ethical considerations when disability accommodation needs conflict with terms and conditions in a collective agreement. Seeking Safe Refuge: A Disability Accommodation Story Axmed tried not to listen. He had, after all, heard similar comments about Somali people, especially refugees, before. On the streets, at work, and in public places like theatres and libraries, he sometimes heard people mutter and glance at his lanky 6’4” frame in ways that seemed fearful to him. He wondered sometimes if he had imagined it, but then he saw how some people pulled their children and bags a little closer as he walked by. Once, in the park, a complete stranger had actually asked him how long he would be in Canada and if he was “using the system to be lazy and bring trouble”! Axmed shook his head and brought himself back to the present. He stopped for a moment and took a deep breath, just like he had that day in the park. He tried to focus on his machine and on the assembly line, blocking out everything else. But it was impossible not to overhear his co-workers’ conversations. Axmed was not sure if they were aware he could hear them. He was certain that he had mentioned being from Somalia to them, so it seemed like a targeted comment. That said, there had been high-profile recent news stories about Somali refugees dominating the media. His co- workers could have been discussing the day’s news. Either way, the emotional impact on him was the same. “I don’t see why we should be on the hook for people from all over the world, there are plenty of people who need help right here,” one could be heard saying. “I can barely make ends meet and here the government is sending my taxes out to people who are probably terrorists anyway.” “I know, right,” stated another worker, “those Somali refugees just bring crime into the country anyway. It is part of their culture you know—I’ve heard that the whole country is run by gangs and they want to bring that style here. I don’t know why we even take them in.” Axmed felt a tightness across his chest. His heart started pounding. His anxiety levels increased, and his SAGE © Katherine Breward 2020 SAGE Business Cases Page 3 of 6 Seeking Safe Refuge: A Disability Accommodation Story

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thoughts began to race. He found that he couldn’t concentrate. Everything from the smell of the lubricants used on the assembly line to the noise of the machinery suddenly seemed amped up and irritating in the extreme. He couldn’t think straight, and when a part got jammed in his machine it took him much longer to identify the problem and fix it than it should have. He kept having to stop, just to catch his breath. Because of this, his co-workers had needed to shut down the assembly line for almost 16 minutes, which made them roll their eyes and mutter comments under their breath among themselves. The delay would interfere with the team hitting their productivity targets, which influenced everyone’s weekly performance bonus. Axmed’s behavior had just cost them direct cash money. They could not even understand why he was struggling; from their perspective he just froze for no reason. It was hard to take when everyone worked hard to keep up the team’s productivity numbers and the failure of one person hurt the entire production team. The next day Axmed woke up feeling tired, empty, and hopeless. Forcing himself to get out of bed was a struggle, but it was a familiar struggle. Axmed had suffered from rapid cycling bipolar disorder for 6 years, since he was 18 years old. His medical condition had been diagnosed in a refugee camp. He had arrived at the camp at the age of 13, after losing his family to violence and wandering alone for several weeks. Five years later he had begun to display psychiatric symptoms, frequently cycling from manic “highs” to depressive “lows.” In a manic phase he would be highly excitable, irresponsible, and easily distracted. His thoughts would race, and he found that he was irritable and prone to anxiety and panic attacks. (Although panic attacks are not normally associated with bipolar disorder it is relatively common for anxiety disorders and bipolar disorder to appear in the same individual. In Axmed’s case, mania seemed to magnify his anxiety significantly.) In a depressive phase he would feel worthless, hopeless, tired, and sluggish. Both phases interfered with his day- to-day activities and relationships. For example, he had been helping two friends to try and set up a small business repairing phones and refurbishing similar electronics in the refugee camp, but he had struggled to be as reliable as they required. Treatment was hard to come by in the refugee camp. Medications that could control his symptoms and allow him to lead a normal life were unavailable, so he experienced greater levels of impairment than he would have with access to modern medications. It was for that reason that Axmed was accepted for placement in Canada as a government-assisted refugee. Refugees are different from immigrants. While immigrants are generally selected for entry into Canada based on their ability to contribute to the economy (with some exceptions for people with family members already in the country), refugees are brought in under compassionate grounds. There are, however, many more refugees than can ever be placed in a safe country. Globally fewer than 2% of refugees are ever relocated (UNHCR, 2019). Canada prioritizes the intake of refugees with health issues since they are considered among the most vulnerable and therefore the most in need. Unlike immigrants, refugees receive financial support from the government during their first year in Canada to aid in resettlement (Citizenship and Immigration Canada, 2019). This is part of Canada’s responsibilities as signatories to the 1951 Refugee Convention. The degree and magnitude of this support is modest; however, the public is generally poorly informed about program details. Resettlement agency staff who are responsible for community education and outreach have reported that many Canadians assume that more refugees are provided entry than actually are (most years the number is 3,800–5,200 people). In addition, may Canadians assume that the levels of support provided to each individual are greater than they actually are (Breward, 2017). This ignorance of the facts leads many Canadians to perceive refugees as a much bigger burden on the economy than is reflected by reality, with negative consequences for attitudes towards refugees (Mas, 2016; Paperny, 2016). These negative attitudes can also be influenced by racism and religious intolerance, either consciously or non-consciously. Axmed, as a dark skinned Somalian refugee from a Muslim country, would be especially vulnerable to discrimination. Once he arrived in Canada, Axmed was able to access proper treatment, including medications. With his bipolar disorder symptoms controlled he found he experienced dramatically fewer anxiety and panic attacks. Unfortunately, however, the medications were not perfect. Axmed found that high-stress situations seemed to trigger his symptoms, even when he was on his medications. His doctors recommended specific stress- reduction techniques and breathing exercises but also suggested that, to prevent relapses, he should avoid staying in stressful environments for extended periods of time. Several months after arriving in Canada, Axmed began his current job as a machine operator on an assembly line. The job itself was easy, and he appreciated the opportunity to develop a work history and earn a decent SAGE © Katherine Breward 2020 SAGE Business Cases Page 4 of 6 Seeking Safe Refuge: A Disability Accommodation Story

living. Axmed did not mind being on a permanent 11:00 p.m. to 7:00 a.m. shift—he was just glad to work. He found it difficult to make friends; he had little in common with the other workers and they did not seem especially welcoming. He wondered if he was at fault—if perhaps his unfamiliarity with Canadian culture meant that he didn’t notice times where people were being open to him. Even so, he had never received social invitations from any work colleagues and their conversations seldom went beyond daily production targets and safe topics like the weather. He could not really blame people for this because, after all, he did not know what to say to them either. That said, after all he had been through in Somalia, just feeling safe, secure, and stable was enough for him. He was content and focused on doing his job. Then, a few weeks after he started, his colleagues found out he was a refugee (Axmed was still not sure how). The comments and looks started soon after that. One colleague shocked Axmed by asking him outright if he had “been one of those child soldiers who killed his own villagers, like in the paper.” Axmed had not known what to say when faced with such inappropriate, blunt, and callous questions. He just shook his head in mute astonishment. The incident yesterday had been the final straw. Axmed felt that his colleagues’ disrespectful comments were deliberately aimed at him and that his current depressive state was a direct result of their ongoing shoddy treatment of him. He decided that he just could not take it anymore. Axmed forced himself with great difficulty to get up from the couch and get ready for work, despite his extreme lack of energy. He then called his workplace and asked if a human resources (HR) representative and his union representative could meet him before his shift. He was asked to come in several hours early so that the relevant people would be there. Axmed arrived at the meeting and explained what he had been going through with his colleagues. The HR person and union representative said they would follow up the matter immediately. In the mean time they were willing to give him 2 days of paid leave while they managed their response. While Axmed was off from work the shift manager, in consultation with HR, met with the three employees who had made the majority of the comments that Axmed had identified as offensive. The employees were accused of bullying and racism, which they vehemently denied. All three were shocked by the accusation. Two people were angry and defensive, pointing out that they had been discussing current events and nothing had been personally directed at Axmed. The third person seemed genuinely mortified to learn that her comments had been considered bullying. She highlighted her own volunteer work with immigrants as evidence that there must be a misunderstanding. That person quickly apologized and promised to do all she could to “make it right.” The other two people begrudgingly agreed to stop all comments, although they did complain bitterly about being “silenced in their own country, just for talking politics.” All three were informed that a repeat of similar behavior would result in disciplinary action. Axmed was called at home and told about these conversations. “Oh no,” he thought, “now they are going to hate me even more.” Axmed returned to work after his 2 days of paid leave but was nervous. Would his co-workers retaliate? Would their behavior really change? When he first arrived back, one of the co-workers who had been heavily involved in the bullying approached him and apologized. The other two said nothing, although nothing untoward happened either. No questionable comments were made, and everyone was very polite, but Axmed could feel tension in the air all day. By the end of his shift he was using every breathing and relaxation technique he knew to try and stave off a panic attack. Just being around his former harassers, even when they were behaving well, was so stressful that he was not sure how long he could continue. He decided to make another appointment with his union representative and HR. The next day Axmed sat in his meeting with HR and the union representative and tried to explain why he did not feel he could continue working on his current night shift. He arrived at the meeting with some of his medical records in hand. He revealed for the first time that he had bipolar disorder and anxiety issues (he had not revealed this earlier as he feared employers would not hire him if they knew). He explained that stress worsened his symptoms. He explained that working on an ongoing basis with people he considered hostile, regardless of their actual behavior in the moment, would be too much stress for him to manage. He requested a formal disability accommodation: being moved to the day shift. There he would be guaranteed to never come across his bullies again. “Hmm,” said the union rep, “that might be a bit of a problem. Assignment to the day shift is considered highly desirable and is based on seniority. Generally, people need to work here for 12 to 15 years before they get assigned to that shift, so moving you there would bump someone else who has been waiting a very long time. SAGE © Katherine Breward 2020 SAGE Business Cases Page 5 of 6 Seeking Safe Refuge: A Disability Accommodation Story

It would also violate the collective agreement.” “That is true”, stated the HR person, “but clearly there is an issue here. We need to consider all options to manage this situation, but we also do not want to give your co-workers another excuse to resent you. Leave it with us for a bit and we will consider options.” Once Axmed had left the room the union representative and HR person looked at each other tentatively. “So,” said the union rep, “what do we do now?” Discussion Questions • 1. Does this qualify as a legitimate disability accommodation request? What process, if any, should be used to answer that question? Explain your reasoning. • 2. Was Axmed’s initial bullying complaint handled appropriately? Why or why not? What, if anything, could have been done differently? • 3. Axmed just made a disability accommodation request. What process should be used by HR to determine next steps? • 4. When collective agreements or disability accommodation processes seem in conflict, which takes precedent? What needs to be considered and how should that decision be made? • 5. Should Axmed be permitted to move to the day shift? Explain your reasoning using both legal and ethical lenses. Further Reading Bipolar disorder signs and symptoms. (n.d.) Retrieved from https://www.helpguide.org/articles/bipolar- disorder/bipolar-disorder-signs-and-symptoms.htm/ Bipolar disorder. (n.d.) Retrieved from https://www.mayoclinic.org/diseases-conditions/bipolar-disorder/ symptoms-causes/syc-20355955 References Breward, K. (2017). [Research interviews taken in 2017]. Unpublished raw data. Citizenship and Immigration Canada. (2019). What kind of support do government-assisted refugees get? Retrieved from http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=098 ⊤ =11 Mas, S. (2016, January 7). Do government-assisted refugees receive more money for food than Canadians on welfare? Retrieved from https://www.cbc.ca/news/politics/do-government-assisted-refugees-receive- more-money-for-food-than-canadians-on-welfare-1.3230503 Paperny, A. (2015, November 19). No, Canada doesn’t spend more on refugees than pensioners. Retrieved from https://globalnews.ca/news/2349786/no-canada-doesnt-spend-more-on-refugees-than-pensioners/ UNHCR (2019). Resettlement data. (data updated on 5th of each month). Retrieved from https://www.unhcr.org/resettlement-data.html http://dx.doi.org/10.4135/9781529707779 SAGE © Katherine Breward 2020 SAGE Business Cases Page 6 of 6 Seeking Safe Refuge: A Disability Accommodation Story

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