This is definitely a tough spot to be in—and unfortunately, not an uncommon one when ownership and leadership issues overlap. As others have said, part of working in HR is navigating murky waters like this. But that doesn’t mean you should be left without structure or support. A few things to consider as you move forward:
-Mental health challenges do not excuse harmful behavior—and as you noted, unless there's a documented disability with an accompanying accommodation plan, your role is to focus on the impact of the behavior, not the cause. The ADA protects against discrimination, but it doesn’t give anyone a free pass to create a hostile or unsafe work environment. The owner should be working with a clinician to understand his limitations and how to manage his behavior—not leaving that burden to staff or HR.
-Document everything. First-hand complaints, direct quotes, and observed behaviors—especially those that impact morale, productivity, and employee retention. Even if no legally protected classes are involved, creating a timeline of events and behaviors builds a foundation for presenting the broader risk to the business.
-Frame it through the lens of business risk. When you speak with the other brother, focus on retention, morale, reputational damage, and potential legal liability. Explain that while the behavior may not yet meet the legal threshold for a hostile work environment, it’s absolutely creating a toxic one—and employees won’t stick around for it. Even worse, one solid claim could trigger an expensive investigation.
-Clarify expectations. You can recommend outside leadership coaching, mediation, or mental health support resources—but also make it clear that continued disruption, verbal abuse, or unreasonable behavior isn’t something the business can tolerate. At some point, it becomes a risk to everyone.
This is heavy, but you’re right to address it head-on. If you're not already aligned with an outside employment attorney, now’s a good time to consult one—not necessarily to act, but to make sure you're covering your bases. And if you’re not already getting support as an HR pro (peer group, SHRM chapter, etc.), I highly recommend finding one.
You’re not alone. And you’re doing the right thing by facing this instead of turning a blind eye. You've got this—step by step.
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