If an employee rebuffs your offers to consider her for ADA accommodations or
Recent case: Melanie Galimore-Roberts worked part time for UPS. When she began having medical problems and missed work, her supervisor told her she might be eligible for ADA accommodations or leave. Her boss told her to contact HR if she was interested. She denied needing either.
Later, after she was fired for excessive absences, she sued.
The court said she couldn’t turn down an offer for leave and then sue for not getting it. (Galimore-Roberts v. UPS, No. 08-1036, ED PA, 2009)
- You can require employees to undergo medical evaluations
- When essential duties are at issue, OK to base medical exam on FMLA certification
- Attract and keep great employees with these 5 'Best practices' benefits
- Put reasonable limits on who can take complaints
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