Court expands ADA protection, OKs transfer away from specific location and supervisor — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Court expands ADA protection, OKs transfer away from specific location and supervisor

Get PDF file

by on
in Employment Law,Human Resources

In a case that marks a sharp departure from previous rulings, a federal court in California has opened the door for mentally disabled employees seeking accommodations to request a transfer away from specific locations and individuals.

The court allowed a case to proceed even though other courts in the past have concluded that being unable to work for a specific supervisor isn’t grounds for a transfer.

Employers that routinely refuse to discuss such a transfer on the ground that it is per se unreasonable may have to rethink that stance. Otherwise, they’ll face the prospect of a lawsuit alleging failure to accommodate and failure to engage in the interactive accommodations process.

Recent case: Marisela has been diagnosed with mental health problems apparently related to harassment she allegedly suffered at the hands of a specific supervisor when they worked together at a specific location. She claimed that two diagnoses were ...(register to read more)

To read the rest of this article you must first register with your email address.

Email Address:

Leave a Comment

Previous post:

Next post: