Employees with disabilities have the right to request reasonable ADA accommodations. Punishing them for making such a request can be grounds for a retaliation lawsuit—even if no accommodations were possible or due.
Recent case: Earnest was an operator in an oil refinery. He worked on what’s called a high-speed line, a job that required climbing, balancing, stooping, kneeling, pushing, lifting and grasping, as well as using a variety of tools.
In the year before he was terminated, Earnest experienced several medical problems, including carpal tunnel syndrome, neck pain, back pain and weakness in his legs. He took an extended sick leave to deal with those problems and then wanted to return to work. His doctors, however, wouldn’t provide a full release.
Earnest explained he wanted a light-duty assignment, but a company representative told him none was available. Earnest was eager to discuss whether any accommodations were poss...(register to read more)
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- Nail down documentation before firing harassment complainant
- Lawsuit-proof your firing decisions: Have those who hire or promote also do the firing
- State Laws Govern Access to Personnel Files
- Be patient and keep thorough records to make sure your firing decisions stick