You Can’t Switch Supervisors Under the ADA

A recent article from The Employer Handbook describes a real-life instance of an employee who felt discriminated against because of her “national origin”. Her supervisor retaliated against her upon her complaint. This caused the employee anxiety, depression, and even shingles and diabetes.

The woman’s physician recommended that she be moved away from her current supervisor, but the employer refused to do so. Eventually she was fired for missing over a year of work from her disabilities.

She ended up suing her former employer under the ADA, claiming they had failed to provide reasonable accommodations. The employer admitted that she was disabled and had suffered “adverse employment action”. They argued that the supervisor transfer was unreasonable because, “the law does not require an employer to transfer a disabled employee away from a supervisor.”

In the end, the employer won the case. Thankfully the woman chose not to pursue claims of national origin discrimination.

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