Once a company officially grants an employee a reasonable accommodation, it’s important your managers understand what it entails.
One company recently did that, yet a manager’s inability to follow the terms of the accommodation resulted in a lawsuit.
Scheduled too much
Jennifer Hudak worked as a clerk at the St. Joseph County Board of Voter Registration in Indiana.
Hudak was diagnosed with cirrhosis and requested an accommodation. Her employer allowed her to modify her schedule so she worked no more than eight hours a day.
While the company granted this request, though, Hudak’s direct manager continued to schedule her for long shifts. Hudak tried to push back, but the manager told her if she didn’t work those shifts, she’d receive a negative performance review. Hudak resigned and sued.
The company argued it did nothing wrong because it granted Hudak’s accommodation. The court disagreed.
It said the employer’s FMLA responsibilities didn’t stop at granting the request – it had to ensure no one interfered with Hudak’s accommodation. The manager did, so Hudak’s case can proceed.
Cite: Hudak v. St. Joseph County Board of Commissioners, 10/27/20.
