Copyright © 2017 Robert D. Coviello, Esq. All Rights Reserved
Developed by ADR Services, Inc.

ADA; Medical Condition; Failure to Accommodate

ADR Services, Inc.

19000 MacArthur Boulevard

Suite 550

Irvine, California 92612

  • Disability/Medical Condition Discrimination; Plaintiff was terminated while out on medical leave for failure to provide sufficient medical documentation to support her need for such leave.

  • Medical condition/disability discrimination; wrongful termination.  20 year employee terminated for allegedly refusing to take a drug test upon returning to work after a work-related injury required by the union collective bargaining agreement.  Plaintiff asserted she was never informed that the requested drug test was mandatory.

  • Plaintiff was a short term hourly employee with a large national retail clothing company.  She had an extensive history of tardiness and no-shows.  Company terminated on a day she failed to show up for work.  Unbeknownst to management, the Plaintiff was hospitalized for a mental condition.  The company refused to reinstate her.

  • Manager with a large apartment management group was fired for allegedly using offensive language in front of other employees and a prospective customer. Plaintiff alleged the incident was trivial and that she was in fact fired due to her recently disclosed medical condition.

  • Plaintiff was a long term employee in the athletic department of a community college. Plaintiff took a medical leave of absence after allegations of inappropriate conduct with student athletes was rendered. Plaintiff later returned to work but was ultimately let go due to her alleged inability to perform the essential functions of her job.

  • Employee sustained work related injury. Dispute as to whether employee informed company of intent to take medical leave. No call - no show termination.

  • Medical condition/disability discrimination. 22 year bank employee was discharged for failure to meet sales goals. Plaintiff was terminated one day prior to a scheduled doctor visit for a long term medical condition.

  • Pregnancy Discrimination. Upon return from pregnancy leave, Plaintiff was given a reduced salary and different position. Defendant Company claimed it was a reorganization that would have occurred notwithstanding Plaintiff’s pregnancy.

  • ADA accessibility claim. Wheelchair bound Plaintiff alleged lack of proper parking and bathroom counters.

  • A Certified Nursing Assistant was employed by a private hospital for 16 years. Short term medical leave. Argument with supervisor regarding work restrictions. Confusion as to whether Plaintiff was fired or walked off job. Age and medical condition disability; failure to engage in interactive process.

  • A wheelchair confined long term employee with a national home-improvement retailer was experiencing certain medical complications. Issue was whether Plaintiff could perform the essential functions of his job, or any other available position, with our without an accommodation.

  • Plaintiff was a 30 year employee with a large pizza restaurant chain. Plaintiff was required to undergo a series of surgeries that kept him out on medical leave for nearly one year. Upon return, he was demoted to the position of “driver” and shortly thereafter let go.

  • Plaintiff worked for a national drug store retailer. Plaintiff went out on a 90 day approved medical leave. Plaintiff failed to return to work at the expiration of his leave. He was terminated 30 days later. Shortly thereafter he provided the company with medical documentation extending his leave. He was not reinstated.

  • Disability discrimination; failure to accommodate. After 90 day L.O.A. due to an automobile accident, Plaintiff attempted to return to work. Due to his restrictions, company said no position available. Would it be an “undue hardship” to accommodate Plaintiff?

  • Plaintiff out on medical leave. Did not call or show up for work on scheduled return date. Extension faxed to wrong department. Plaintiff fired. Company acknowledges miscommunication but won’t reinstate.

  • Pregnancy discrimination. Female employee placed on “light duty” due to pregnancy related medical issues. Defendant Company alleged no “light duty” positions available and therefore Plaintiff denied the right to return to work. Company later contended that the nature of the work restriction was misunderstood.

  • Sexual harassment. Supervisor and employee has short term consensual relationship. Female employee tries to end relationship. Supervisor allegedly retaliated resulting in L.O.A. No investigation of initial sexual harassment complaint.

  • Plaintiff filed an action against property owner alleging the handicapped parking space was not compliant ADA standards. The alleged violation was corrected. Only issue remaining was damages.

  • ADA access claim against national retailer. Counter height; bathroom accessibility and exit access at issue. Which standards apply – pre or post 1991.

  • ADA access claim against small boutique hotel. Handicapped parking issue; service dog denied.