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)
- Federal employment bias claims may be subject to grievance arbitration
- False move can revive expired claim—As retaliation
- Promoting employees from rank-and-file to boss? Make sure their training includes retaliation
- Restaurant fires pregnant waitress for baby's safety
- 8 ways to create the workplace employees want