This Just In ...
The recent case of Cook v. George's illustrates not only how employers need to make a reasonable accommodation for people with disabilities, but also the importance of "maintaining personal medical files, including information and documentation related to disability accommodations, separate from an employee's personnel file," according to Roger Achille, an attorney and a professor at Johnson & Wales University in Providence, R.I., in a commentary written for SHRM.
The plaintiff Jerry Cook had mental and physical impairments that made it difficult for him to communicate with others and lift heavy objects. But by making "reasonable accommodations" for his disability, he was able to the job.
Cook left the job at George's Inc, a poultry and food products producer, prior to October 2015 and was assigned "code 333" by the HR department there, which meant that he was not eligible for rehire because of a known or perceived mental condition.
When Cook later reapplied for the same job several months later, he was scheduled an interview, which he did not appear for. When he called the next day to reschedule, he was refused an interview based on the code 333 in his file, although Cook was told he would not be rescheduled because he had missed the interview appointment.
In his suit against George's, Cook pointed out that George's had rescheduled interviews with others who had missed an appointment and that its refusal to do so for Cook was discriminatory and a violation of his rights under the Americans with Disabilities Act.
Although the case was decided against Cook in the lower courts, the decision was overturned in the 8th Circuit (Cook v. George's Inc., 8th Cir., No. 18-3294 (March 11, 2020).
For more information about the Americans with Disabilities Act, see the article in this month's issue.
Operating Your Business During the Pandemic
Get Ready for Parametric Insurance
The information presented and conclusions within are based upon our best judgment and analysis. It is not guaranteed information and does not necessarily reflect all available data. Web addresses are current at time of publication but subject to change. SmartsPro Marketing and The Insurance 411 do not engage in the solicitation, sale or management of securities or investments, nor does it make any recommendations on securities or investments. This material may not be quoted or reproduced in any form without publisher’s permission. All rights reserved. ©2020 The Smarts Publishing. Tel. 877-762-7877. www.smartspublishing.com