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FMLA and ADA dilemma: Employee is denied one and the other is left on the table“I got your request for leave,” said Manager Joe Burns. “Of course, it’s not totally in my control to approve or deny it. But I’ve passed it along to the powers-that-be.”“Thanks so much,” said Employee Florence Jennings. “I hate taking […]
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Boss says working conditions changed so the accommodation is rescinded; Employee says, ‘That’s not fair!’“You wanted to see me, chief?” said employee Earl Roberts as he stepped into his manager’s office. “What’s up?”“Sit down, sit down,” said Bailey Simrell, gesturing to the chair beside his desk. “I have a lot going on, so this will […]
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Even the manager says the applicant was qualified; so why doesn’t she get hired?“It was fabulous to meet you,” said hiring manager Eloise Mitchell, reaching across the conference room table to shake the applicant’s hand. Then, turning to her interpreter, she said, “You, as well.”Eloise looked directly at Sarah Hofstra, while the interpreter signed, “You […]
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Employee’s Tourette Syndrome makes customers unhappy; but she’s not happy about accommodation“I know you’re not a racist, but the customers who hear you talk like that don’t see the whole picture,” said Manager Andy Roberts. “They don’t understand that you have Tourette Syndrome, so I get numerous and ongoing complaints about the racial slurs.”“Well, you know […]
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Employee doesn’t like the accommodation offer made to her and doesn’t show up to work; Boss says that’s job abandonment“We’ll need you to handle at least two site visits yourself each month,” said Manager Andie Williams. “I know you’ve been supervising visits as needed the past few years, but I’m not telling you anything you […]
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Injured employee willing to move into a variety of vacant positions; company says accommodation is denied and fires her “Bernie, I just saw a job open up in customer service,” said employee Rosie Figallo, not even giving her boss a moment to say hello when he picked up the phone. “I’m going to apply. Can […]
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Employee says lip ring helps with ‘sensory needs’; Boss says, ‘Chew some gum’“Before you agree to the internship, I want to make sure you understand that we have a policy against facial rings,” said Calvin Smith, a hiring manager. “I realize they’ve grown in popularity over the years — and yours looks nice. Maybe some […]
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Employee files suit when he doesn’t want to participate in prayer time; Company cuts pay, fires employee“Hey, Jimmy, where you headed?” asked Manager Louise Jeffers as her employee pushed open the shop exit door. “We have the all-hands-on-deck meeting now.”“I have too many customer stops today. I have to get on the road,” said Jimmy […]
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Company offers what it considers a reasonable accommodation, but employee says it’s not — and sues“It’s acting up again,” said employee Stacia Cerafini. “Every time I think I’ve finally beat this chronic back pain, it comes back to bite me in the ass. Literally!”“Ah, jeez,” said her manager Louie Wrexham. “I hate to hear that, […]
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Who wins this case that goes all the way to the Supreme Court?“You have to accommodate my religion!” said Gerard Gershwin. “You’ve done it for 10 years, and you have to continue doing it.”“OK, Gerry, let’s talk about this, not shout about it,” said the employee’s manager, Susan Becker. “I understand your concerns. But at […]
