Do you have a manager who wants to discipline an employee who just requested a reasonable accommodation under the ADA?
Before you approve the discipline, make sure the manager can document past problems or that the discipline is warranted based on a serious rule infraction that has happened since the request.
Otherwise, you risk an ADA retaliation lawsuit based on little more than bad timing.
Recent case: Pamela Miles-Hickman worked as a sales assistant for a homebuilder. In the past, she had received informal accommodations for her claimed disability: chemical sensitivity.
After two years on the job, she went to HR and formally requested accommodations. HR explained the accommodations process and told her what documentation to provide.
Within a few days, Miles-Hickman’s supervisor gave her negative feedback about her work—and ordered her to sell three homes within the next 30 days. No other assistants had such a quota. The company then fired her after she took a few days off for medical tests.
She sued, alleging retaliation for requesting accommodations. The court agreed she had been retaliated against and ordered back pay. (Miles-Hickman v. David Powers Homes, No. H-07-0754, SD TX, 2009)
Final note: Had HR insisted on seeing evidence of past , the court probably wouldn’t have seen the new demands and discharge as retaliation. However, the timing was highly suspect. Always consider how a judge or jury will see things. That’s especially true now that we are in an economic downturn. Juries don’t have much patience for employers these days.
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/9358/check-for-retaliation-before-disciplining-employee-who-requested-ada-accommodations "