Lawsuit Alleges That Ostensibly Disability-Friendly Employer Fired Employee in Retaliation for Taking a Medical Leave

Federal law requires employers to make reasonable accommodations for employees with disabilities, but the definition of “reasonable accommodation” varies according to the employer and the job description.  An accommodation is a modification to the work environment that enables the employee to perform the essential functions of the job.  For example, it might be a wheelchair-accessible desk or a work computer with a text-to-speech feature and a Braille keyboard.  It could even mean letting the employee work from home or sit for most of the day even though other employees in a similar role stand throughout their shifts.

An accommodation is generally considered reasonable if the employer can make it without incurring a substantial financial burden, so larger companies can provide accommodations more easily than small businesses.

The definition of disability in employment law is broader than that followed by the Social Security Administration, so millions of adults below the age of 65 who do not qualify for Social Security Disability Insurance benefits are entitled to disability accommodations at work.  Employers are required to initiate the negotiation process for finding a reasonable accommodation, and federal and state laws prohibit retaliating against employees for requesting a disability accommodation.  If your employer fired you or otherwise retaliated against you in response to your request for disability accommodations, contact a Los Angeles discrimination and harassment lawyer.

Staffing Firm for Adults With Disabilities Refused to Make Reasonable Accommodations for Plaintiff

You might expect that a staffing firm designed to help people with disabilities find employment would be better than most when it comes to providing accommodations.  That was not the case for a plaintiff in a currently pending employment lawsuit.  She worked for the staffing firm as a custodian; news sources about the lawsuit did not indicate which accommodations, if any, she required for her work in the beginning.  In July 2022, she applied for a medical leave of absence because she needed surgery on her shoulder, and the employer approved the leave of absence.

In February 2023, the plaintiff brought her employer a letter from her doctor, saying that she was ready to return to work, but she would need accommodations in order to perform her previous job duties; the letter suggested accommodations that the employer could make to facilitate the plaintiff’s return to work.  In situations like this, if the employer is unable to make the accommodations the employee suggested, they should suggest other accommodations that the employee can provide.  Instead, the employer terminated the employee’s employment in April.

Requesting disability accommodations is a legally protected activity, and so is taking an unpaid medical leave.  If your employer fires you or takes another adverse action against you in response to these activities, it is unlawful retaliation.

Speak With a Los Angeles Employment Discrimination Lawyer

A Los Angeles employment discrimination and retaliation lawyer can help you if your employer retaliated against you after you requested disability accommodations.  Contact Litigation, P.C. in Redondo Beach, California to discuss your situation or call (424) 284-2401.

Source:

mynewsla.com/life/2023/06/12/custodian-alleges-disability-discrimination-by-pride-industries/