Act fast on reasonable accommodations requests. Lengthy delays may be viewed as an outright denial of accommodations.
Recent case: Leif, a police officer, was transferred to the night shift after a disagreement with his supervisor. While on the night shift, Leif developed migraine headaches and high blood pressure. His doctor recommend working only on the day shift as a reasonable accommodation. His supervisor allegedly told others he didn’t believe Leif really needed accommodations, but did change his shift—after waiting two months.
Leif sued, alleging failure to accommodate. The court said he may have a case if he can explain how the delay harmed him. (Henry v. City of Allentown, No. 12-1380, ED PA, 2013)
- Be prepared to cite skills to explain wage disparity
- Use solid research to back business-necessity defense when deciding not to accommodate
- Supreme Court's Ledbetter decision could affect your pay policies
- Using the Supreme Court's model to prevent employment lawsuits
- A deal's a deal: Good settlements prevent subsequent litigation