Every successful disability discrimination case necessarily involves several essential ingredients. You have to have suffered from a qualifying disability. You must have made a request that was sufficiently specific to put your employer on notice that you were seeking a disability accommodation. You also must have engaged in the interactive process in good faith. As you seek to build your failure-to-accommodate case, an experienced Atlanta disability discrimination lawyer can provide you with invaluable aid in securing and presenting the proof you’ll need to succeed.
A North Georgia employee’s case accusing her employer of failing to reasonably accommodate her disability recently scored an important victory in the 11th Circuit Court of Appeals. While the trial court had sided with the employer, the appeals court reversed that ruling and revived the case.
P.W. worked as a claims examiner in the Department of Veterans Affairs’ Atlanta regional office. The examiner, who was also a veteran, had degenerative disc disease in her back and partial paralysis in both her feet. Based on those conditions, the examiner asked for an accommodation regarding her parking spot. Normally, probationary examiners like P.W. had to park in an off-site parking lot one mile from the office; P.W. asked for permission to park on-site.