Did it get you so worked up you started swearing at it in Portuguese? 
I work closely with a potty mouthed person, no filter no inside voice, never misses a beat with a risqué funny response she cracks me up all day. But damn sometimes I want to muzzle that mouth.
Two things come to mind, and they’re related. First, strictly speaking you are not this person’s supervisor because you don’t have disciplinary authority. Rather, you are their lead. This could get important, because at some point HR may have to get involved and it could get quite ugly. When it does, you don’t want to be standing there wearing the ‘supervisor’ hat if you don’t actually have the supervisor’s authority.
Second, go to HR now and get guidance from them. Do not let them call you their supervisor unless you get the authority to discipline. You are the lead worker, trainer, mentor, or any other title that does not imply hiring/firing/disciplinary control. Do not step outside any of the guidance that HR provides you.
So I asked Spouse Weasel about this, since he’s a clinical psychologist who specializes in OCD and tic disorders (including Tourette’s.) He says it depends on the part of the brain that’s injured but it’s certainly plausible. If we frame aggression and impulse control issues on a spectrum, swearing would be something on the low end. So it’s possible this guy has a problem with low-level impulse control. Coprolalia shows up for roughly 10% of people with Tourette’s, and the tic doesn’t necessarily have to be randomly shouting swear words, it could also include inserting swear words into sentences that don’t need it. Obviously the usual disclaimers apply - he would need to be evaluated by an expert.
/Spouse Weasel
But here’s the key point for the OP - it sounds like he already has been evaluated, and has the documentation to prove it, and legally I don’t think you’re entitled to know any more than that. This is HR’s domain. If you think he can’t perform the essential functions of his job, I’d start documenting why that is - is he getting complaints from customers? Then you would be tasked with finding equivalent work for him. I don’t know the intricacies of ADA law, I just know when I looked into it myself, it said no other employees (including supervisors) are entitled to know what your disability is, as long as you’ve documented it medically, your ass is covered.
Yeah, when I was a programmer I’m ashamed to say I used a lot of bad language when trying to fix bugs. A co-worker once said to me, “You’re swearing like a sailor!” Fortunately I hardly ever had to deal with customers.
I swear all the time at work. It’s part of the culture. Just not in any public-facing scenario, with funders, or anything like that.
I just have to watch my “Jesus’” now because my boss is a devout Catholic. She’s never told me it bothers her, but I would err on the side of caution.
I swear less now just by nature of having a kid, because you get used to censoring yourself.
Based on nothing more than the employee’s representation?
If I had an employee behaving in this manner, I would require something more than a self serving allegation. But that is not for the OP to decide.
This impresses me as a common situation WRT mental/emotional health - trying to ascertain the extent to which an individual is able to control their behavior. IME, getting multiple people to agree WRT a specific situation/individual is unlikely. I also personally doubt the utility of a one-time evaluation - which generally will be based largely on the individual’s subjective allegations. At the very least, I’d want 3d-party statements, reports of his social activities over time, any records of legal/social difficulties, evidence of the supposed TBI, evidence of any behavioral counseling, employment difficulties… At the very least, some corroboration of ongoing difficulties of this type over time. But many people act as though they feel subjective allegations and a one-time examiner’s opinion is all that is needed.
For the OP, I’d present it to my manager and ask them to involve HR. I would think that avoiding foul language could easily be considered an essential function of a public facing job. So I’m not sure what accommodations would be considered reasonable. I would think that a non-public facing position would be the best solution.
No, the employee has to document it with HR. But the OP is not entitled to know everything.
The ADA requires employers to keep all disability-related information confidential. Employee medical information should only be shared with those who are considered to be on a need-to-know basis. Managers and supervisors are encouraged to limit the information they acquire about an employee’s disability. They often do not need to know the specifics of an employee’s medical condition to implement accommodations. Details about the accommodation may be all that is needed to make a schedule change, provide equipment, or modify a policy, etc. Knowing fewer details about an employee’s medical condition will be beneficial when other employees ask management questions about accommodations because a manager will be less likely to unintentionally reveal confidential information.
Bolding mine.
Your personal doubts are irrelevant. What matters is medical documentation, which will be reviewed by HR. This isn’t about applying for social security disability (where I presume the standard of proof is higher), this is about workplace protections granted by the ADA. HR should have the requisite training to ensure the disability is documented and seek whatever accommodations are needed for the employee. But if he has an issue, it is 100% on the employee to present it to HR. It is not up to the supervisor to determine whether the disability is valid. Can you imagine how bad things would be for people with disabilities it if were up to employers, and not medical professionals, to make these determinations?
Now in this case I think it’s reasonable to request documentation from a neurologist. (This isn’t a mental health issue, by the way. It’s a neurological one.)
The goal of this dialogue is to understand what barrier the person is experiencing and why. It is also helpful to see if the person has any ideas about what might be useful for them. At this point, the employer can also provide an overview of the process, so the person who requested an accommodation understands what will happen next and who will have access to the information shared. All participants involved must agree to maintain confidentiality when discussing accommodations; reasonable accommodation information may only be shared on a need-to-know basis, will never go in a personnel file, and will not be shared with coworkers. Co-workers who may need to do something differently as a result of an accommodation may be told of the change required, but not the reasons why the change was made.
Bolding mine.
I don’t know how the OP’s specific company operates but if the employee is having difficulty managing the essential duties of the job, a conversation needs to be had. But there probably needs to be documentation that he is having difficulty managing those essential duties - for example, complaints from customers. The paper trail matters here - both for covering the company’s ass and for ensuring the law is followed. With that in mind, I’m not entirely sure the OP discussing this with us is a good idea, legally speaking.
I don’t disagree with what you say. But the OP has no reason to believe the cow-orker reported/documented anything with HR. Nor do any of us.
My experience is apparently different that yours, because I perceive that once in a very great while, some humans will lie when they perceive it to be in their interest. That does not mean this guy is lying - but that IS a possibility.
Of course, it is not the OP’s concern, other than to report it to HR to cover their own ass (in case something happens, and mgmt blames the OP as the lead worker.)
If the guy truly has a condition that makes him incapable of controlling his use of profanity, the I believe his having a public-facing job would not be in anyone’s best interest.
I lack your certainty that you - or your husband - can accurately diagnose the cow-orker’s condition based on what we’ve read here. Or that the residual effects of a TBI can be easily differentiated between neurological and mental health issues. I would be quite surprised if - even if it turns out the guy incurred a TBI - that that would be his sole diagnosis.
I’m not diagnosing anything, I’m taking the guy at face value when he says he has a TBI. TBIs may have mental health effects, but those aren’t the symptoms that seem to be at issue here. What seems to be at issue is a difficulty controlling coprolalia - which is a neurological problem. Tourette’s, if it’s Tourette’s – is also a neurological problem.
My husband says it’s plausible a TBI could cause this symptom - which is clear from my post, and was a direct response to Stranger’s claim that it’s bullshit. It’s not bullshit. It may not be the case here, but it’s entirely within the range of possible manifestations of a TBI/Tourette’s. That’s not a diagnosis, either.
The employee says he has documentation and it would be weird to say you have documentation if you don’t. It would also be weird to know enough about TBIs to lie about having a TBI if you didn’t have one. So chances are pretty good he’s telling the truth. If he doesn’t have documentation then it’s all moot. This is an HR issue either way.
My Aunt’s ex-boyfriend had a TBI. He was a little slow but it’s hard to say whether he was slow before his injury. But when he drank even a little alcohol - holy shit. He was totally incoherent. There are a million ways an injury like this can manifest and the only one who gets to decide what’s valid is a medical specialist. Not me, not you, not the OP - an actual expert.
Perhaps a difference between you and me is what we are willing to accept at face value - especially in terms of what may be self-serving statements. I’ll believe all manner of things, provided I’m shown easily obtainable corroboration.
I suspect my attitude somewhat results from a career of having folk tell me things that SHOULD be readily documented, yet either failing to provide the documentation, or finding that the documentation says something quite different. IMO&E, not everyone tells the unvarnished truth all of the time. Your experience may differ. And that applies to health care and employment matters. Some people have serious health conditions. Some people are dishonest fuckups. And I suppose some people with serious health conditions are also dishonest fuckups. Perhaps the one thing Reagan got right was “Trust, but verify.”
You are 100% correct, tho, that in this instance, it is none of the OP’s business. Their SOLE concerns IMO are notifying HR (in the event they are not aware of the purported condition and/or how it manifests), and to cover the OP’s ass.
Of course. Liars abound. But I took the OP’s question to be, “If true, what are my options?”
The thread has taken a turn into debating whether it’s true or not, including some assumptions about TBIs/Tourette’s. I wanted to find out more for myself. Turns out it’s possible for someone with a TBI to have the issue described by the OP.
I don’t think this thread should be about whether the employee’s disability is valid. It’s legally dicey to even post about an employee’s potential disability on a public message board.
Also, this is only marginally related but interesting: many people who lose language after a TBI can still curse, suggesting that cursewords are processed differently than other forms of language.
OP - can you be any clearer as to why you care about this worker’s swearing?
-Do you or other workers find it offensive or otherwise troubling?
-Does it interfere with your performance of your jobs?
-It sounds as though you are not aware of customers complaining - or even if he cusses with customers.
-Are you worried about your company’s bottom-line?
-Are you concerned about this individual’s well-being?
-Are you worried about this somehow redounding to YOUR disfavor?
-Are you looking for input as to what is the “right” thing to do?
-The “legal” thing to do?
Also, is there an employee handbook that says anything about conduct at work?
Speaking generally as a human who wishes other humans well, I could imagine looking for ways to help this guy. Speaking as an employee dependent on continuing to receive my paycheck, I’d focus on covering my ass, documenting everything, and giving this guy a wide berth.
I’m with @Spice_Weasel on this. There are a number of psychiatric conditions where people blurt out profanities and cannot control it (e.g. Tourette’s Syndrome). Better let HR deal with this as a medical issue.
One of my Super-Powers.
Other side of the whole thing; I don’t speak, being unspeaking is a disability that is very difficult to overcome. I also know that non-speaking is adverse to me working in public facing work.
This person the OP describes must know this about himself. He says he has documented proof. The fact he has this problem must be largely known to any who deal with him.
The big problem I see is some church lady with kids is gonna get real aggravated and cause a nasty stink with corporate. As we all know shit flows down. Everyone is gonna get splashed.
The OP needs to tell HR, their direct supervisor and anyone who’ll listen(not customers). It’s not gonna end well.
I’ve sometimes found that writing the curse word on a sticky note ferociously and with some focus on it actually reduces my need to curse out loud. I’ll bet the OP’s employee has received that piece of advice but it has worked for me.
Are shock collars still frowned upon?
Regarding questions that have been posed to me (the OP)
- My biggest concern is that it’s just not professional. I want my team to act professionally
- Second most concern is his well being and development. Even if the swearing is not an issue here, it surely will limit his future prospects ( he is only 23)
- Not at all concerned about it blowing back to me. I have done the coaching required by my position and authority
- It has been reported to HR. I have not yet received any guidance on if he qualifies for a reasonable accommodation, or what the accomodations might be, and from what I understand of the process, I likely won’t.
Thank you for everyone’s responses. For what it’s worth, this kid strikes me as someone who has heard no very few times in their life and has an excuse ready made for all occasion, may be leaning on this TBI thing a little heavy ( hey, it’s worked before). Not that I don’t have sympathy for him if it’s true…but I’ve raised 7 teenagers and my bullshit detector is pinging pretty hard. I also allow that he may very well THINK that it’s true ( that he can’t control his swearing), but only because others ( his parents?) have made excuses for him so long that he internalized it.
Of course, my personal feelings have no real bearing on what I need to do from a legal and company policy perspective. I know it needs to be reported, (and as I said, it has been). I guess my biggest question was this: Assuming that he is telling the truth what exactly might a reasonable accommodation be in this case?
Thanks for the response.
I understand the desire for your team to act professionally. But if your boss isn’t giving you the tools to achieve that, pursuing your personal. standards may just buy you trouble.
Trust your radar. Maybe he had a TBI. Maybe he’s a fuckup. Maybe both. But IMO, you can look other than the workplace if you want charity projects.
Only accommodation I perceive is a non-public position.