She left work and never came back — can she still sue for bias?
October 8, 2008 by Sam NarisiPosted in: Americans with Disabilities Act, In this week's e-newsletter, Latest News & Views, Training
Sometimes employees who feel they’ve been discriminated against quit before the matter’s resolved. Can those employees still sue for discrimination?
Read the facts of this real-life case and decide: Who won?
The facts:
A cashier was required to stand at her register for most of her shift. However, due to a medical condition, she had trouble standing for more than 15 minutes at a time. Some supervisors let her use a stool — but others asked her not to after co-workers complained that she was getting preferential treatment. Eventually, she brought in a doctor’s note saying she could work as long as she was allowed to sit. Still, the manager on duty told her to stand, saying he had to talk to his boss first. The employee left the store and never returned.
The employer said:
The employee sued the company, claiming it violated the Americans with Disabilities Act by failing to accommodate her disability. But according to the company, she quit her job voluntarily before it had a chance to accommodate her.
Who won the case?
Answer: The employee.
Why: The court ruled the woman was “constructively discharged.” When some of her supervisors wouldn’t let her use the stool — even after she brought in the doctor’s note — she had no choice but to quit.
Letting one employee sit on a stool wouldn’t have posed any hardship, even if some of her co-workers complained about unfair treatment. The company’s managers should’ve been trained on how to deal with disabilities in the workplace and recognize employees who need an accommodation.
Cite: Talley v. Family Dollar Stores of Ohio, Inc.
Tags: ADA, Americans with Disabilities Act, constructive discharge, reasonable accommodation
October 15th, 2008 at 1:56 pm
One simple comment:
Why would a person unable to stand more than 15 minutes at a time
apply for a job as cashier that obviously called for standing when
she worked? Did she tell her potential employer about this problem or had she been working there for a while before the problem developed?
If she hired on with the condition and did not disclose it to her potential employer I feel she bears as much of the responsibility for her difficulty as that employer.
If a cashier was as efficient doing her job sitting down ans standing up wouldn’t all cashiers have the option to sit or stand as they went through their work day?
October 15th, 2008 at 3:03 pm
Just like many of the cases presented here, we don’t have all the facts. Something’s missing.
October 15th, 2008 at 4:19 pm
To me it does not matter if she was disabled before she took the position. Assuming she was still able to perform the essential functions of the job, the company could not refuse to hire her because she required accommodation unless the accommodation was an undue hardship. Providing her with a stool obviously was not.