Delaware’s General Assembly has passed a law “relating to the removal of insensitive and offensive language.” When I first saw the title of this Act, I admit, I was alarmed that our State’s legislature was banning profanity in some context. I was relieved to read the text of the law, though, and learn exactly what it actually does provide.
According to the synopsis, the bill is part of a national movement, known as People First Language (“PFL”) legislation, intended to “promote dignity and inclusion for people with disabilities.” PFL requires that, when describing an individual, the person come first, and the description of the person come second.
For example, when using PFL, terms such as “the disabled” would be phrased, “persons with disabilities.” This language emphasizes that individuals are people first and that their disabilities are secondary. I think this is an outstanding initiative.
First, it is far easier to do (or say) the right thing when we know what the right thing is. So legislation like this, which makes clear what is (and is not) the right thing to say, is always helpful. Second, I think the approach is spot on. Individuals are people first. The same concept applies to all protected characteristics.
I have received countless calls from clients seeking advice with regard to a potential termination of an employee. The call often starts out like this: “We have an employee who is in a protected class and who is always late to work and who constantly undermines her coworkers.”
If the PFL concept were applied, the call would start out, instead, like this: “We have an employee who is always late to work and who constantly undermines her coworkers.”
What matters is what the employee is doing (or failing to do) with respect to her job—not that she is “in a protected class.” Start off by addressing what actually matters. Everything else, including a discussion about potential accommodations, etc., will follow if and when it’s appropriate.
See also, previous posts regarding Disabilities in the Workplace.