Did Scooter Store pull an ADA fast one? — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Did Scooter Store pull an ADA fast one?

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in Discrimination and Harassment,Firing,Human Resources

File it under “Ironic.” The Scooter Store faces EEOC charges that it failed to accommodate an employee who had a hard time getting around because of an injured knee.

The New Braunfels-based chain sells motorized scooters and power chairs for people with limited mobility.

According to an EEOC suit filed in federal court, the store refused to accommodate a New York employee who asked for time off to allow his injured knee to heal. Even though the employee presented medical documentation to support his claim, the suit alleges the company fired him for job abandonment.

Note: The ADA requires employers to engage in an interactive process to find reasonable accommodations that would allow disabled workers to perform the essential functions of their jobs.

If, as the suit alleges, the Scooter Store simply fired the employee, it will have a hard time in court. The company will have to show either that:

  • Providing time off as an accommodation would have constituted an undue burden, or
  • The man was not disabled under the ADA.

Those are the only two arguments that will win in court.

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