Can someone claim they’re so disabled they need Social Security benefits, yet still tell an employer they can perform a job’s essential functions? Sounds fishy, right? A judge thought so.
Recent case: Artist Christine Eck worked for Whirley Industries until she took a lengthy disability leave because of multiple sclerosis. While she was off, she applied for Social Security disability benefits, swearing to the federal agency that she was unable to perform her old job.
Then she told Whirley she was ready to report to work and able to perform all the essential functions of her job. But meanwhile, the company decided to eliminate her position.
Eck sued, alleging ADA discrimination. But the court said she couldn’t have it both ways. (Eck v. Whirley Industries, No. 08-330, WD PA, 2011)
Final note: Had Eck asked for accommodations, she might have had a case.
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/13429/social-security-disability-may-mean-no-ada-suit "
- Track intermittent leave meticulously when you offset FMLA time with paid leave
- Protect against retaliation suits by conducting independent and 'blind' internal investigations
- Follow promotion rules to stop unexpected suits
- 8 guidelines for new ventures
- 10 ways to motivate employees toward self-empowerment