Tune THIS in! RadioShack manager's "concerns" create ADA liability — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily
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Tune THIS in! RadioShack manager's "concerns" create ADA liability

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Question: Since when is a manager’s mere “concern” over a disabled employee’s ability to do the job enough justification to terminate? Try never. In the dictionary, “concern” is synonymous with “worry” and “fear.” So, a manager who is wringing his hands with potential concerns about an ADA-protected employee’s performance may soon have bigger things to be concerned with ... like a federal lawsuit.

A new court decision involving a RadioShack employee broadcast this lesson loud and clear. The court sent the case to a jury trial because the fired employee could show that his termination resulted from “bias concerning his disability” rather than the performance reasons cited by RadioShack. (Walerstein v. RadioShack Corp., E.D.N.Y., No. 04 CV 1096 (SJ) (SMG), 3/30/07).

What does this new ruling mean to you?

In this case, a part-time sales associate of 19 years could only see out of one eye and had severe hearing loss. He requested a...(register to read more)

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