If you find out that a supervisor may have treated a disabled worker poorly, fix the problem promptly.
Recent case: Manuel worked as a lobbyist for a union for about five months. During that time, he developed problems dealing with his supervisor, who criticized Manuel’s request for accommodations for anxiety.
For example, Manuel refused to fly and insisted on driving to meetings or only participating via video. His boss removed him from lobbying duties and tried to demote him. When Manuel complained, his status was reinstated and he was invited to explore other positions with a different supervisor. Manuel never showed up for a meeting called to discuss open jobs and was terminated.
He sued, alleging disability discrimination. But the case was dismissed because it was Manuel who refused to cooperate after the employer fixed his initial complaint. (Valencia v. United Domestic Workers, No. C074086, California Court of Appeal, 2015)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Punitive damages based on staff size at time of discrimination
- Consider consulting an attorney before stating why you terminated an employee
- Tell managers: No paternalistic protection allowed
- When harassment escalates despite warnings and second chances, it's time to terminate