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Bosses aren’t docs: How to avoid a disability discrimination lawsuit

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in Centerpiece,Discrimination and Harassment,Employment Law,Human Resources

Generally, disabled workers have to request accommodations for their disabilities and aren’t entitled to any unless they do.

But what if a supervisor suspects the employee may be disabled? She should keep that thought to herself, especially avoiding any written comments that might form the basis for discipline based on poor performance. Comments like those may be used against the employer later if the employee ends up being discharged and decides to sue, alleging her disability played a part in the termination decision.

Recent case: For almost two decades, Beverly worked as systems analyst for a hospital. The hospital used software to track time spent on particular assignments; it allowed supervisor access and input.

Beverly gained a new supervisor just as she had to take time off during the workweek to take her ill husband to various medical appointments. The new supervisor noted that Beverly’s workload was the ligh...(register to read more)

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