A Plaintiff has alleged that a disability and sensitivity over social interactions as a result are involved in a disability accommodation case. The Plaintiff worked in a mailroom, and alleged that he had trouble completing job duties as a result of his harassment.
When employees made fun of him, calling him ugly, he complained, but was told they would be allowed to continue. Because the co-workers got together in the hallway and loudly socialized, including comments about Plaintiff, Plaintiff repeatedly requested that the door be closed as the loud talking aggravated the disability. He was told to get a doctor’s note and to fill out accommodation forms.
If an employee has a true legal disability, it doesn’t mean that they are exempt from performing all essentially aspects of their job, or necessarily entitled to another one at the same company. Under the law, the employer has to engage in an interactive process – meaning, essentially negotiate to see whether or not the employee’s disability can be reasonable accommodated. If so, they are obligated to continue to employ the person despite the disability.
When he turned them in, he was fired shortly thereafter, according to the complaint, which states the only reason he was given for his termination was “anonymous complaints.” Humphries v. Omegacomp, Inc, Capitol Administrators, Inc., Sacramento Case No. 34-2014-000165406, filed June 24, 2014.