Legal Briefs.

Document ADA requests to prove your good faith

After being fired for taking unapproved leave, a university employee filed an ADA lawsuit. But the court tossed out the case, noting that the employee never completed medical certification forms to renew her intermittent leave, as HR had requested. (Watson v. Drexel, 3rd Cir.)

The lesson: If the employee doesn't participate in the interactive process, she won't be able to successfully sue over a denied accommodation. That's why it's vital to document every interaction related to requests for medical leaves.

A comfortable chair vs. a day in court

A casino worker whose job involved sitting all day complained that his chair was uncomfortable, caused severe back pain and worsened his arthritis. Managers refused his multiple requests for a new chair. He quit because of the pain and has now filed an ADA lawsuit. (Pugliese v. Caesars, D. NJ)

The lesson: Avoiding an ADA suit can be as simple as a new chair. In fact, a recent Job Accommodation Network study says more...

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