Do you automatically terminate employees who can’t return to work after exhaustingand personal leave? That could violate the ADA.
Recent case: Gary Chedwick served in Vietnam and attributed some work problems to that service. He took 12 weeks ofleave and then another 12 weeks of personal leave. Then his employer fired him under an automatic policy limiting time off.
He later applied for several job openings. When he wasn’t rehired, Chedwick sued, alleging disability discrimination and tried to make it a class-action lawsuit.
The court denied his motion for class certification, but let his individual claims continue. (Chedwick v. UPMC, No. 07-806, WD PA, 2011)
Final note: The lawsuit could have been avoided by considering additional time off or other accommodations.
- Make sure bosses tell employees how to report harassment
- Job Descriptions and the ADA: Are Those 'Essential Functions' Really Essential?
- You can prohibit uncivil language as well as obviously offensive speech
- Getting along without employee on FMLA leave? Go ahead and terminate
- Keep medical data private, even if new HIPAA rules don't apply