Disabled employees who need reasonable accommodations can’t jump the gun and sue prematurely. If they continue doing their jobs and their employer does not take any adverse action against them, they don’t yet have grounds for an ADA lawsuit.
That’s true even if the employee may have been threatened with termination. Without some adverse job action, they haven’t been damaged and don’t have a claim.
Recent case: Nathan worked for the water department in Raleigh for many years. When he was injured on the job, he began receiving partial disability payments. The department continued to employ him and pay his related medical expenses.
The injury limited his ability to lift, but since he was a water meter reader, he was able to work around those limitations without any problem. The job didn’t require him to do any lifting.
Several years later, the city created a new job classification of water meter mechanic. Nathan’s supervisor ...(register to read more)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Harassment Reporting: Who's Your Weakest Link?
- When employee complains of bias or harassment, beware acting in ways that look like retaliation
- Use solid research to back business-necessity defense when deciding not to accommodate
- Any stereotypes of workers--even positive ones--can spark discrimination lawsuits