A Mississippi steakhouse, Diamond Jim's Mrs. Donna's Ole Farm Beef LLC, was sued by the U.S. Equal Employment Opportunity Commission on behalf of a worker.

According to the allegations, when she was hired, the worker disclosed that she had a seizure condition. However, she explained that she had not had a seizure in years. After a few months on the job, the worker allegedly had a seizure related to her condition.

Shortly after learning of the employee's seizure, the steakhouse allegedly fired her and said she should "focus on her health".

Source: https://www.eeoc.gov/newsroom/eeoc-sues-diamond-jims-and-mrs-donnas-disability-discrimination

Commentary

The above case illustrates how comments can be damaging during terminations. "Focus on [your] health" may have been intended as well-meaning; even so, it led to the federal government filing a discrimination charge in federal court.

Managers or supervisors may want to soften the blow of a termination by offering platitudes or other phrases intended to make the dismissed employee feel better. However, when those phrases or comments are made during a termination and reference an employee's disability or other protected status, they may create a direct link between the employee's protected status and the decision to terminate.

When terminating an employee, employers should:

· Ensure conversations are short and to-the-point

· Avoid any reference to the employee's health, recovery, and/or anything else related to disability status

· Ensure the stated reason for termination is properly documented and is not an illegal reason based on disability status

· Provide discrimination prevention training to managers and supervisors, which includes information regarding proper language and phrasing during performance reviews, terminations, and other employment-related conversations.

The final takeaway is no matter how well meaning a comment during a termination may be, it can lead to misinterpretation and risk. The best practice is to stick to the script.