Comments on: She left work and never came back — can she still sue for bias? http://www.hrlegalnews.com/she-left-work-and-never-came-back-can-she-still-sue-for-bias/ Up-to-the-minute cases and law impacting HR Fri, 17 Jul 2009 14:01:31 +0000 hourly 1 http://wordpress.org/?v=abc By: Nicole http://www.hrlegalnews.com/she-left-work-and-never-came-back-can-she-still-sue-for-bias/comment-page-1/#comment-1747 Nicole Wed, 15 Oct 2008 20:19:27 +0000 http://www.hrlegalnews.com/?p=264#comment-1747 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. 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.

]]> By: Larry http://www.hrlegalnews.com/she-left-work-and-never-came-back-can-she-still-sue-for-bias/comment-page-1/#comment-1742 Larry Wed, 15 Oct 2008 19:03:57 +0000 http://www.hrlegalnews.com/?p=264#comment-1742 Just like many of the cases presented here, we don't have all the facts. Something's missing. Just like many of the cases presented here, we don’t have all the facts. Something’s missing.

]]> By: Susan http://www.hrlegalnews.com/she-left-work-and-never-came-back-can-she-still-sue-for-bias/comment-page-1/#comment-1737 Susan Wed, 15 Oct 2008 17:56:43 +0000 http://www.hrlegalnews.com/?p=264#comment-1737 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? 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?

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