At some point, every employer will have to reorganize to cut costs or improve effectiveness. Don’t let those making the reorg decisions take the easy way out by simply eliminating positions held by disabled employees.
Instead, tell them to focus on essential company goals without regard to who actually holds current positions.
Recent case: Rachel Perry, who claimed to be disabled, lost her job after her employer reorganized and said it didn’t need her anymore. The company said she didn’t have the international experience required of the new position that was replacing the one she held. She sued, alleging disability discrimination.
But Perry could offer no evidence showing that the employer considered her disability when deciding which positions to eliminate or change. Her case was dismissed. (Perry v. Computer Sciences Corporation, No. 10-2195, 4th Cir., 2011)
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