Transcription of Brief No. 4 EMPLOYMENT Legal Briefings - Great Lakes
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Brief No. 4 EMPLOYMENT Legal Briefings - Great Lakes
Legal Briefings EMPLOYMENT Brief No. 4 April 2008 Prepared by: Barry C. Taylor Legal Advocacy Director, Equip for Equality 1 Disability Harassment, Retaliation and Discipline Three emerging ADA Issues An employee with a disability is called platehead and other derogatory names by co-workers after returning to work after brain surgery. Is such conduct actionable as disability harassment under the ADA? An employee with a disability files with the EEOC after her employer refuses to accommodate her. Six months later she is terminated. Is there a sufficient causal connection between filing with the EEOC and the termination to give rise to claim of retaliation under the ADA?
2 Disability Harassment, Retaliation and Discipline Three Emerging ADA Issues A review of Title VII harassment cases reveals that there is no exact science to determining what
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