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Court expands ADA protection, OKs transfer away from specific location and supervisor

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in Employment Law,Human Resources

In a case that marks a sharp departure from previous rulings, a federal court in California has opened the door for mentally disabled employees seeking accommodations to request a transfer away from specific locations and individuals.

The court allowed a case to proceed even though other courts in the past have concluded that being unable to work for a specific supervisor isn’t grounds for a transfer.

Employers that routinely refuse to discuss such a transfer on the ground that it is per se unreasonable may have to rethink that stance. Otherwise, they’ll face the prospect of a lawsuit alleging failure to accommodate and failure to engage in the interactive accommodations process.

Recent case: Marisela has been diagnosed with mental health problems apparently related to harassment she allegedly suffered at the hands of a specific supervisor when they worked together at a specific location. She claimed that two diagnoses were ...(register to read more)

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