Sometimes, a degree of employer flexibility may be an important ingredient in that employer avoiding employment litigation and potential civil liability. However, as a recent disability discrimination case originating in Savannah highlights, the mere fact that an employer behaved in a way that seems excessively strict, harsh, or severe, doesn’t necessarily mean the employer broke the law. Even if the employer fired a worker based on motivations that were not “prudent or fair” — or had no reason at all for the termination — that firing is permissible as long as it “was not rooted in discrimination” or some other basis forbidden by law. Whether you’re an employer defending against a disability discrimination lawsuit or a worker harmed by illegal discrimination, an experienced Atlanta disability discrimination lawyer can be crucial in protecting your rights and interests.
The worker in the Savannah case was a crane operator for the State of Georgia’s ports authority. He also was an Army veteran who suffered from post-traumatic stress disorder (PTSD) as a result of his time in combat.
In the summer of 2018, the operator requested 12 weeks of Family and Medical Leave Act (FMLA) leave to undergo “intensive therapy” for PTSD. As the 12 weeks neared their end, the operator’s doctor recommended 12 more weeks of leave, and the employer approved the extension. Near the end of the second 12-week period, the operator requested a transfer to a different work area. HR informed the operator that he needed to submit a signed letter that (1) stated he could safely return to work and (2) listed the disability accommodation (transfer) he sought.