by Brian Clemow
If you look at some companies' personnel decisions,
it seems that they are just asking for a lawsuit. A recent decision
by a hearing examiner with the Connecticut Commission on Human Rights
and Opportunities Organization (CHRO) illustrates the importance
of understanding the Americans with Disabilities Act (ADA) and provides
a textbook example of what employers should not do if they want
to avoid employment litigation.
In this case, a computer help desk service hired
a wheelchair-bound paraplegic as a technical support specialist.
After accepting the job, the new employee requested several accommodations
including a telephone headset, four wooden blocks to raise his desk
so his wheelchair would fit under it, a handicap-accessible restroom,
and a parking space near the facility. The new employee's supervisor
told him that he would get back to him about the requests, but despite
several reminders, the supervisor never did.
For the first five weeks, the new employee was
never assigned to a specific desk, but floated to wherever space
was available. He never received the telephone headset, though at
least one non-disabled employee did. The wooden blocks were not
provided, and his parking space was never moved. Although the employer
claimed it hired a contractor to widen the access to the men"s room,
no changes were ever made, and the employee had to make a 45-minute
round trip home every noon to use the facilities.
Meanwhile, the head of the company said he was
not happy with the new employee"s performance and cited incidents
of rudeness to customers, none of which were documented. No performance
appraisal was ever conducted, and management e-mails concerning
the employee"s customer relations were undated. Ultimately, the
employee was fired, and not surprisingly he filed a complaint with
Connecticut"s Commission on Human Rights and Opportunities.
The hearing examiner had no problem concluding
the employee was a victim of discrimination, as well as retaliation
for exercising his rights under the ADA. The employer failed completely
to engage in the interactive process required under the Americans
with Disabilities Act, and made little or no effort to respond to
the employee"s rather modest requests for accommodation. The claimant
was awarded four years of back pay, plus interest and other damages
by the courts.
What this case reminds us is those employers
have to take seriously requests for reasonable accommodation by
employees or applicants with disabilities. If employers are unsure
of how to respond to such requests, they should get help from someone
familiar with ADA requirements. If this company had followed that
advice, this case never would have happened.
Attorney Brian Clemow is chairman of the Labor and Employment
Practice and a partner at Shipman & Goodwin, LLP based in Hartford,
Connecticut. Shipman & Goodwin LLP is a full-service law firm, serving
local, regional, and national clients that include businesses and
individuals. The firm has 130 attorneys in offices in Hartford,
Stamford, and Lakeville, Conn. and Boston, Mass and was established
in 1919. For more information about the implications of ADA requirements,
contact Atty. Clemow at bclemow@goodwin.com
or visit the firm"s website: www.shipmangoodwin.com.
|
