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ADA Blog

 

ADA Blog #73

In an ironic twist, The Scooter Store, which serves people with limited mobility, has been sued by the U.S. Equal Employment Opportunity Commission (EEOC) for disability discrimination. According to EEOC, the Texas-based retailer refused to accommodate an employee’s request for a temporary leave due to a knee injury and then fired him from a New York store. EEOC claims that the employee informed the company that he was incapacitated due to psoriatic arthritis and required a leave for treatment. But his request was denied, and he was let go, purportedly for job abandonment. Disability discrimination violates the American with Disabilities Act. Remember, employers are obligated to engage in an interactive process with employees and provide reasonable accommodations for their disabilities unless doing so would create an undue hardship on the company. Undue hardship refers not only to financial difficulty, but to reasonable accommodations that are unduly extensive or disruptive, or those that would fundamentally alter the nature or operation of the business.

Shelley

This information should not be construed as “legal advice” for a particular set of facts or circumstances. It is intended only to be a practical guide for participants familiar with this subject. Users should seek appropriate legal advice tailored to address their specific situation.