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Track all ADA requests to establish timeline

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in Discrimination and Harassment,Human Resources

Track each request for ADA reasonable accommodations, along with your response. An employee’s right to sue over the denial begins as soon as it becomes obvious that her employer refused to accommodate her, and won’t be extended just because she keeps asking for an accommodation.

Recent case: Esperanza sued her former employer for various alleged workplace wrongs, including failure to accommodate her work-related stress and other disabilities. But the court tossed out the claims when it was obvious that her employer had long since refused to accommodate the alleged disabilities despite Esper­­anza’s continued requests.

California law provides one year for employers and employee to discuss accommodations, but once it is clear the em­­ployer has rejected the request, the clock starts ticking. (Acuna v. San Diego Gas & Electric, No. D060064, Court of Appeal of California, 4th Appellate District, 2013)

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