Employees don’t have much time to file ADA or New Jersey Law Against Discrimination (NJLAD) disability discrimination claims with the appropriate agency. For failure-to-accommodate claims, the clock starts ticking when the employer ends the interactive reasonable accommodations process.
That’s why employers must nail down that date and tell the employee.
Recent case: Kevin Durham worked as a dispatcher for a utility company until he tookfor a “breakdown” triggered by his bipolar disorder. When he returned, his doctors said he could no longer work rotating shifts.
The company discussed alternatives as accommodations. Then it offered Durham a demotion and informed him that the interactive process was closed.
Durham filed his discrimination complaint more than 300 days after he got notice. The court tossed out his claim. (Durham v. Atlantic City Electric, No. 08-1120, DC NJ, 2010)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Worker settled case? Beware providing bad references that could lead to retaliation claims
- 11.1% of workers belong to a union, membership rate held steady in 2015
- HR investigations must go beyond supervisor suggestions
- Rank, privilege won't protect predatory harasser