Some disabled individuals may fear that prospective employers won’t hire them if they request an accommodation. They may even try to reassure employers they’re perfectly capable of doing the job without any help.
Take them at their word. They can’t later claim they didn’t get an accommodation.
Recent case: James Wunder, who has an obvious hearing impairment, went to work for the Katherine Gibbs School as an admissions director. He resigned eight months later after being informed his job was being eliminated.
Then Wunder sued, alleging he had been refused a reasonable accommodation. But he had never asked for one, actually insisting he didn’t need one.
The court dismissed the case, reasoning that he wasn’t entitled to something he didn’t ask for. (Wunder v. Katherine Gibbs School, No. 09-3497, DC NJ, 2010)
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- Wear kid gloves with accommodation requests; they are 'protected activity'
- Seek attorney's help to draft noncompete agreement
- Solving the he-said, she-said puzzle
- Think lawsuit won't materialize? Test theory on calendar
- Feel free to reassign employees if it's justified—you won't be liable for retaliation