Disabled employee sues after getting accommodation she wanted
February 27, 2009 by Sam NarisiPosted in: Americans with Disabilities Act, In this week's e-newsletter, Latest News & Views
The Americans with Disabilities Act requires employers to engage in an “interactive process” to find reasonable accommodations for disabled employees. The law’s not specific about how to do so, but missteps can lead to costly lawsuits.
Here’s a case where an employee sued because she thought her company took too long to accommodate her — even though she got everything she asked for in the end.
The woman was diagnosed with a rare blood disease and could no longer perform all the duties of her job. Specifically, her doctor said she needed to avoid highly stressful activities.
She told her boss what she could and couldn’t do, and the employer temporarily placed her in a different position, keeping her salary the same.
Due to staffing concerns, the transfer couldn’t be permanent, so the company tried to rearrange her old job to accommodate her. As requested, some of her duties were removed, and restrictions were placed on when her shifts could be scheduled.
But she sued the company anyway. Why? She claimed it took the company too long to figure out an accommodation.
The court didn’t buy it. The law gives no time limit for getting through the interactive process, and in the end, the woman got what she wanted. Also, she didn’t lose any money while she was waiting because she was paid her usual salary throughout.
If she had been put in a lower-paying job, she may have been able to argue that the company’s delay was detrimental to her.
Cite: Wilson v. County of Orange
Tags: accommodation, ADA, interactive process

March 4th, 2009 at 12:33 pm
This case was actually a disability case under the Fair Employment and Housing Act in (you guessed it!) California. I’m glad that Orange County had enough money to persevere.
March 4th, 2009 at 1:33 pm
What a nasty sort of person. Given the oppressive laws against businesses in California I am surprised any still want to be there. Many have fled but the government there refuses to deal with reality-they pretend statism will rescue all. So far it is an abysmal failure!
March 4th, 2009 at 2:06 pm
It was a government employee, folks, that explains it all. She will probably be transfered to the new department that takes care of administration of the universal health care system. “Got a heart attack?
Sorry my doctor says I don’t have to deal with stressful situations.”
March 4th, 2009 at 2:16 pm
She should not have been allowed to even file this frivolous lawsuit. They accommodated all her requests and she lost no pay during the process — no reason for a suit.
March 4th, 2009 at 2:18 pm
Everybody’s trying to be a victim of some sort. When is Kalifornia going to fall into the sea?