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The ADA: Reasonable Accommodations, the Interactive Process, and Retaliation

Posted by Andrew Weiner | Aug 20, 2015 | 0 Comments

On August 18, 2015, Mississippi HomeCare of Picayune agreed to pay $100,000 in a settlement of a disability discrimination lawsuit brought under the Americans with Disabilities Act.  According to the Complaint, Mississippi HomeCare's employee had suffered an epileptic seizure while working and, following her return to work, she requested an accommodation to help her perform certain job-related computer tasks.   The Complaint alleged that Mississippi HomeCare failed to engage in an interactive process to discuss reasonable accommodations and did not provide any accommodation, as required under the Americans with Disabilities Act.  Then, according to the Complaint, Mississippi HomeCare terminated the employee.

Under the Americans with Disabilities Act, an employer must provide an employee with a reasonable accommodation unless the employer can show that it would suffer an undue hardship.  The Americans with Disabilities Act also forbids an employer from retaliating against an employee for seeking an accommodation for a disability.

If you have have questions about the Americans with Disabilities Act, or simply want to understand your rights, please contact a disabilities rights attorney at The Weiner Law Firm LLC.

About the Author

Andrew Weiner

Andrew Weiner has represented and counseled clients in numerous areas of employment law, including race, gender, national origin, age, and disability discrimination claims, wage and hour disputes, retaliation and harassment claims, Fair Credit Reporting Act (background report) claims, common law tort claims, the development and implementation of employment contracts, employee handbooks, personnel policies, reductions-in-force, independent contractor agreements and compliance with Title VII, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Family and Medical Leave Act, and other federal, state and local employment statutes. Andrew also has negotiated severance agreements, employment contracts, non-compete agreements, and confidentiality agreements.

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