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From the courtroom: ADA accommodation do’s and don’ts

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John Wilcox

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in Centerpiece,Employment Law,Human Resources

ADA accommodation, or lack thereof, is often a reason why employer's end up in the courtroom. Take these recent lessons from the courtroom into consideration when you are handling an ADA accommodation request at your workplace.

DO Take all ADA accommodation requests seriously

When an employee asks for an ADA reasonable accommodation, take that request seriously even if you don’t think it’s valid. Start the interactive process and see where it goes.

Recent case: Kecia was placed on medical leave after a series of workplace conflicts led to a psychiatric evaluation, which concluded she could not work at that time. She was out for a year.

Her employer told Kecia she would be terminated unless it received medical evidence of her recovery. She was advised that she might have accommodation rights under the ADA. She sent a short doctor’s note describing her condition. The employer decided it was inadequate and fired her...(register to read more)

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{ 2 comments… read them below or add one }

Kecia Kemp April 30, 2019 at 8:02 am

Ms. Kecia Kemp filed an Appeal yesterdsy due to this article being written do’s and don’ts on ADA with no legal representation being provided by the Federal Court who, isn’t suppose to be impartial or bias on decisionmaking. Ms. Kemp is fighting against a corporation behind the fact of their wrongful. The facts are substantial how is there a newly Mental Health program but, it’s only being provided for selective candidates? When you label an employee such as Ms. Kemp who, worked for the city of NY system twenty years then, you choose to request over millions of dollars to help people battling Mental Health? Why didn’t Ms. Kemp former employer’s recommendation be some assistance instead of hiring doctors who can be brought up on some serious charges fabricating mental health diagnoses and there not telling or writing the truth for the record? The reason why is behind the fact of what Ms. Kemp knows about her former employer’s. Which is a big organization who, continues to destroy her as being unfit for duty with mental health issues. That’s not founded as a doctor provided Ms. Kemp enough documentation to return to work but, Ms. Kemp is a threat she doesn’t comply to wrong doing to get along. So she’s demoted and forced out of employment. That’s her mental health issue not complying to sexual favors and drugs or dealings to buy herself a home for playing the game. There’s no coincidence that people family, friends and people probably paid off has continue to target Ms. Kemp but, no reaction leads to her getting subjected to their actions. Let them Strive on that because Ms. Kemp know the games people play she didn’t participate so, now she’s the intended target all because their scared. It’s about the measles outbreak to take the focus off Mental health issues where both topics circulating around the Mayor’s NYC Department of Health and Mental Hygiene. Who is hired who, is qualified, who got promotions over people who was qualified. Who was targeted who was not having problems being related to some of the employers. Who implemented programs to receive funding where did the money go? Yeah question the truth not the lies to avoid the truth that’s why there’s an epidemic now no one wants to handle the truth.

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Kecia Kemp April 27, 2019 at 3:57 pm

Ms. Kecia Kemp was never diagnosed with a mental health issue by her doctors throughout her childhood or while working. It was Ms. Kemp’s corrupted employer’s who decided to hire doctors who, Ms. Kemp recorded for the record to lie about her having a condition behind speaking up on the wrong doing in the workplace.
Anytime your a Blackwoman or man and you speak up on the corruption your going to be labeled as disabled, crazy, unfit for duty.
However, the problem was that Ms. Kemp wouldn’t suck on a few dicks. If Ms. Kemp would have done so, she would have been promoted. She might have made it to commissioner with the free condoms provided and a strap on.
Let’s not get this situation twisted on the Mental health ADA rights when, wrongfully it didn’t exist that’s a cover up to what Ms. Kemp knows about her former employer’s. Ms. Kemp knows her rights and worked for twenty years and was able to record the doctor who was hired by employer’s to fabricate their claims against a black woman. Ms. Kemp didn’t play the games that people play at work. She didn’t join being an LGBTQ so, she could pass certain criteriors in playing some of the games to receive a pass for a promotion.
There’s no discrimination speaking facts and the truth I always respected everyone’s preferences and quite frankly some people lied to get a pass inside. It’s an unfortunate situation being a black educated woman with degrees being blocked by those who she wouldn’t lick her way up to the top so, their claim is she brought herself down as unfit although 120 employees voted her into a union local president position. I believe Ms. Kemp was a threat.
Especially when not one single individual stepped up to assist, refer or enrolled Ms. Kemp into any mental health programs because an ADA issue. After trying to provoke Ms. Kemp of cause she felt some type of mental anguish behind racism and discrimination that is blatantly being used against her by employer’s of different ethical backgrounds.
The fact that the doctors lied and the employers offered a settlement of $55,000.00 to resign and go away sound like a cover up not an unfit for duty situation.
The employer’s fabricate the truth is not to blind side those who don’t really know what was happening.
Ms. Kemp book will explain the process of how the games are played not to help but, to dismiss the truth from coming to an open forum. Ms. Kemp speaks very well for herself so, her being an educator in HIV/AIDS she was not removed giving people in the public for seventeen years there HIV test results? Where she referred and followed up with patients to receive mental health evaluations when necessary? Ms. Kemp wasn’t a certified doctor, social worker, or nurse but, played her position with doctor’s providing test results to patients.
What has happened to Ms. Kemp behind undesirables in the workplace is the employer’s and employee’s created an hostile environment. To provoke and bully Ms. Kemp out of character. Since these individual employers and employees didn’t get over doing that towards Ms. Kemp. Then Ms. Kemp was labeled and the EEOC complaints made throughout her tenure fell short by racism and discrimination retaliation tactics against her for years EEOC knew about this for over fifteen years of Ms. Kemp being civil servant.
When you look up Ms. Kemp name these people wanted to destroy her working amongst over 5,000 employees. By putting her name in the news papers without her knowing about it and no other co workers had these issues. The Chief News paper wrote about her employer’s and attached Ms. Kemp picture and name to the article written in December 2014 but, it started happening in January 2009 her name in the news. In December 2015 the employers attacked Ms. Ms. Kemp by all means necessary to destroy her credibility and career claiming she was sick when in reality Ms. Kemp mother was hospitalized, and actually dying the employers turned it onto her knowing that she was approved for FMLA behind her mother.
The employer’s and employee’s began calling her all types of names but, the child of God. As you read or do your research look into facts not hearsay.
The judge in Federal court told Ms. Kemp not to appeal her case after he dismissed it in March 2019 after two years of giving Ms. Kemp the right to sue.
There was no one in Ms. Kemp’s favor because what she knows about her employer’s and several employees still in attendance is enough for a federal investigation to move forward.
So the employer’s isolate and removed Ms. Kemp a black woman who didn’t have an unfit label for 18 years working until someone decided to black ball her then, sabotage her name and reputation.
By stealing Ms. Kemp identity to use her information against her that was in her records. Employer’s stated Ms. Kemp is a liability when, she was an asset to the company never having any difficulties but, whatever was being created to remove Ms. Kemp from telling the truth about what she endured in the workplace.
Prior to Ms. Kemp working with the NYC Department of Health and Mental Hygiene for twenty years.
The employer’s hired Ms. Kemp knowing that she use to be a Professional Prostitute from 1986 to 1991 in the same area she actually worked in the clinic as a Public Health Advisor. The employer’s took this valuable information on Ms. Kemp rap sheet then, used what was in her personnel file against her in the fullest extent of the law. Ms. Kemp received her BS degree in 1997 and her MPA degree in 2002. The employer’s never protected Ms. Kemp to move forward from her past it was about playing the game she walked away from 6 years before being hired by the City of New York. Ms. Kemp was really hired to give blow jobs and suck dicks and can name a few of her potential employer’s and employee’s who, wanted to sleep with her to receive a promotion. When that didn’t happen Ms. Kemp became a target for changing her lifestyle and working hard to receive a decent living. Instead she was treated like the person who she once was before then, labeled by employer’s.
Although no one had ever given her an opportunity to live a lifestyle without provoking Ms. Kemp into conflict. Ms. Kemp is a victim of domestic violence and she also rehabilitated herself to achieve goals to do better in her life but, that wasn’t good enough for the haters. Ms. Kemp enemies and foes decided to destroy her behind knowing she wasn’t the only woman working inside the NYC Department of Health and Mental Hygiene with a past and background such as the past she was hired and they knew about so, these individuals were afraid Ms. Kemp would exposed them all. The nepotism and favoritism still existed in the workplace. While Ms. Kemp was told she knew too much and she didn’t play the game. Ms. Kemp wasn’t properly introduced to their game so, she received the door for no other doors to open for her making sure whomever is behind the hatred is interfering in her life while gone from employer’s. This was never about an ADA it was about ***, drugs, etc. etc. Let’s not pretend that people don’t know the truth they turn a blind eye and ear to the truth and continue to work like nothing is wrong. Ms. Kemp never received representation being blocked and treated like she had no rights. While those targeting her didn’t work to help her when, she reached out to handle the matter without it getting out of hand. These individual employers may have gotten away with Ms. Kemp not receiving any compensation for pain and suffering. These employers may have gotten away with giving who they like to have Ms. Kemp’s position. However, the truth will prevail and all those involve will reap what they sow. Discrimination does exist and racism continues not with just black and white people. Equal opportunity employed that was more like equal opportunity to be destroyed by employer’s who wrongful termination wasn’t substantiated but, allowed by the Federal judge who, took sides I never had a chance.

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