Try this one: A New York City school psychologist who suffered from asthma and migraines approached an incoming principal about continuing his accommodations, which included an air-conditioned office. The principal allegedly replied, “If you require an accommodation, you should get yourself a job that doesn’t require an accommodation.”
Later, referring to a guidance counselor who lost her position due to a learning disability, the principal reportedly told the school psychologist, “You’re next.”
Shortly afterward, the psychologist was injured in an accident with a student. He requested the appropriate injury forms but never got them. He missed more than a year of work and eventually lost his job.
During his discrimination and retaliation lawsuit, the psychologist recounted the principal’s comments. He proved himself incapable of performing the job following the incident, and therefore lost his ADA claim. But the court found the principal’s comments, along with her failure to provide him with accident forms, sufficient grounds for his retaliation claim.
Tip: Make sure that all supervisors are trained to respond appropriately to accommodation requests. A few hours of training can head off weeks of courtroom time and unnecessary expense.
- When religion may prevent dress code compliance, check further before discipline
- When duty calls: Don't interfere with employees' jury duty
- When workers' comp and disability collide: 100% disabled worker may deserve accommodation
- Internal wage-and-hour complaints don't count as 'testimony' in FLSA retaliation cases
- Local Discrimination Ordinances in Texas