Offering disability benefits to an employee doesn’t prevent an employer from later contending that the employee is not actually disabled.
Recent case: William worked for over 30 years for Dayton Power and Light (DPL). He was charged with child molestation but was acquitted. When he resumed work, he claimed co-workers were harassing him. DPL transferred William, but he began treatment for depression and stopped showing up for work. Then DPL offered William disability benefits to age 65 if he retired, but he refused. William was eventually terminated for job abandonment.
He sued, alleging disability discrimination.
William argued that Dayton admitted he was disabled when it offered him benefits. The court rejected that notion and dismissed his case, concluding William wasn’t disabled. (Young v. Dayton Power and Light, No. 1:11-CV-119, SD OH, 2012)
- Offering new employee higher pay than incumbent of opposite sex? Document why
- When reorg will cut older worker's position, consider offering reassignment to other jobs
- Boss seems to be seeking young 'dream team'? Be alert for possible age discrimination
- Allowing public access adds new duty to accommodate disabled
- Disabled employee sues under NYHRL? HR managers may be held personally liable