Remind supervisors: If they pile on the work for disabled employees but not everyone else, there’s probably a disability discrimination lawsuit brewing.
Recent case: Miles Jackson was disabled after a car accident, but still worked as a newspaper reporter. Over several years, he continued to get extra, last-minute assignments. He requested regular hours as an ADA accommodation, but the newspaper eventually terminated him.
Jackson sued, alleging failure to accommodate.
The newspaper argued that reporters routinely have to work long hours and therefore Jackson couldn’t be reasonably accommodated. But Jackson pointed out that three other reporters never worked overtime.
The court sent his case to trial. It reasoned that long hours probably weren’t an essential function for reporters after all. (Jackson v. Gannett Co., No. 08-6403, DC NJ, 2011)
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- Handle disabled worker's poor performance like any other
- Forcing retirement at age 65 lands AFCO in legal hot water