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Failing to transfer allergy sufferer may violate ADA.

by on
in Discrimination and Harassment,Employment Law,Human Resources

William Woods' doctor recommended that Woods leave central Texas to alleviate his severe allergies. Woods said his employer refused a transfer but suggested he resign and then reapply at its location in Ohio. After Woods moved his family, the company told him it didn't rehire former employees. A lower court said Woods lost his protection under the Americans with Disabilities Act (ADA) when he resigned. But an appeals court reinstated the case, saying the company had a duty to consider his transfer request. (Equal Employment Opportunity Commission v. United Parcel Service Inc., No. 99-4367, 6th Cir., 2001)

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