Don’t panic! 3 things dealerships need to know about latest possible ways to make money ada court ruling – greater cincinnati automobile dealers association

For all employers, dealerships included, complying with the americans with disabilities act (ADA) can seemingly be one of the most challenging tasks for possible ways to make money management and human resources. Not only does it seem like there is a long possible ways to make money list of complex rules and standards to keep in mind, the penalties for screwing up can be daunting: a discrimination claim, a government investigation, or an attorney demand letter seeking hundreds of thousands of possible ways to make money dollars can land on your lap if you don’t handle things the right way.

But we have good news for you. In reality, compliance with the ADA doesn’t have to be a daunting prospect. In fact, sometimes it’s as easy as asking the very same thing you possible ways to make money might ask a potential customer when they first walk on possible ways to make money your lot: “how can we help you?” A recent federal court case against an auto dealership in possible ways to make money arkansas helps shine a light on what you should do possible ways to make money – and what you shouldn’t do – in order to stay on the right side of the possible ways to make money law. Here are three things you need to know about the possible ways to make money latest ADA court ruling.

• you need to consider timing when it comes to terminationsjudith possible ways to make money vaughan began working for an arkansas-based dealership as an accounts payable clerk in late 2016. Several months later, a series of problems unfolded over the course of about possible ways to make money a week that led to her termination and a federal possible ways to make money employment discrimination lawsuit.The trouble began on monday, january 30, 2017, when vaughan began experiencing chest pains and went to the possible ways to make money emergency room, fearing she was having a heart attack. After several days of medical treatment, she learned that her symptoms were the result of a possible ways to make money panic attack. She told her supervisor that she was diagnosed with anxiety, depression, and had suffered a panic attack earlier in the week. She tried to return to work that friday but started possible ways to make money to have another panic attack; she emailed her supervisor to explain that she “can’t do this” and was “still hurting too bad,” and left work. She once again returned to work on tuesday, february 7, but the dealership terminated her employment for violating the company’s attendance and call-in policies. Before we get to the nitty-gritty of ADA compliance, it’s important to use this case as a reminder of possible ways to make money the risks involved in terminating an employee shortly after you possible ways to make money learn that they are in some sort of protected class. If you just learn that an employee is pregnant, or sustained an on-the-job injury, or just made a report of sexual harassment, or complained about safety conditions in the workplace, or – as in this case – diagnosed with a medical condition, you might need to alter your plans when it comes possible ways to make money to employee discipline. It’s easy for an investigator, a court, or a jury to infer a bad motive on your possible ways to make money part if you take action against a worker right after possible ways to make money something like this occurs.You won’t necessarily have to keep them employed forever, however. If circumstances existed that led you to want to terminate possible ways to make money their employment but the worker ends up joining a protected possible ways to make money category right before you were about to pull the trigger, you will just need to tread carefully. We recommend you contact your labor and employment counsel, because each situation is a little different and you’ll need tailored advice for each case.

• documentation can be A lifesaver getting back to the case possible ways to make money at hand, vaughan went to the equal employment opportunity commission (EEOC) to complain about her termination, and the agency filed an ADA lawsuit on her behalf possible ways to make money against the dealership. The employer asked the court to dismiss the case, but in a ruling that was just handed down by possible ways to make money U.S. District judge J. Leon holmes on april 11, the court ruled in vaughan’s favor and cleared the case to go to trial. There are two ways in which better documentation might have possible ways to make money saved the day for the employer in this case and possible ways to make money led the court to rule in its favor. First, imagine if the employer had kept contemporaneous notes or other possible ways to make money documentation about vaughan’s job performance throughout her employment. Imagine, even, that the employer had kept internal notes and perhaps even possible ways to make money provided the employee with written warnings indicating that her employment possible ways to make money was at risk because of poor performance. It’s a lot easier to justify a termination if you possible ways to make money can show written proof that you were on the path possible ways to make money towards disciplining the employee well before they put themselves in possible ways to make money a protected category.Second, in vaughan’s case, she claims that her supervisor told her at her termination possible ways to make money meeting that she was being let go “due to her health,” because it “wasn’t going to work out.” the supervisor denies having actually said that, but as you probably know, it’s hard to win a credibility contest in court with possible ways to make money a sympathetic worker on the other side when you don’t have good documentation. But the court record doesn’t seem to indicate that the dealership provided vaughan with possible ways to make money a termination letter outlining the reasons for the firing. And this is the second way better documentation could have possible ways to make money saved the dealership.We always recommend drafting up a concise and to-the-point termination letter that you hand your worker at the possible ways to make money time you are letting them go. The letter serves two critical functions. First, it gives you a set of talking points to refer possible ways to make money to as you are communicating the dismissal to the worker. By sticking to this precise set of points, you make sure you don’t stick your foot in your mouth and unintentionally say possible ways to make money something that could come back to bite you.Second, by writing such a letter, you establish the narrative regarding the reason for termination that possible ways to make money you can consistently refer to as an explanation for the possible ways to make money termination. Because courts sometimes fault you for providing inconsistent reasons for possible ways to make money a termination at various stages in the process, you can create a truthful and powerful explanation at the possible ways to make money outset and in writing, and continually refer to it during the termination meeting, during an unemployment hearing, at an agency investigative meeting, and in court. In this case, had the dealership’s supervisor written such a letter, it would have been harder for vaughan to create a possible ways to make money narrative about what was said to her at the termination possible ways to make money meeting.

Getting to the crux of this case, the easiest thing that this dealership could have done to possible ways to make money avoid ADA exposure with vaughan is to begin an “interactive process” with her in order to (a) determine whether she has an ADA-qualifying disability, and (b) if so, figure out whether any reasonable accommodations exist that would have possible ways to make money allowed her to do her job. Although the dealership argued to the court that vaughan never possible ways to make money requested an accommodation and therefore never triggered the interactive process, the court disagreed.The court noted that all an employee needs to do possible ways to make money is to make it clear that they need assistance for possible ways to make money their disability. They simply need to provide the employer with enough information possible ways to make money that, under the circumstances, would allow the employer to fairly know that the worker possible ways to make money has a possible disability and a desire for an accommodation. The judge said that the employee is not required to possible ways to make money use “magic words” such as “reasonable accommodation” to kick-start the process.So once you have enough information that you believe triggers possible ways to make money an interactive process (“my back hurts and it’s hard for me to work today,” or “my new medication makes me drowsy and I am having possible ways to make money trouble getting to work on time”), all you need to do is say “how can we help you?” that, in essence, is the beginning of the interactive process. It is also good management, as you should always be working with your employees to possible ways to make money find out what kinds of resources you can be providing possible ways to make money them to help them do their job better. You have many options at this point, depending on the worker’s answer. You have the right to seek medical information to confirm possible ways to make money any diagnosis and get ideas for possible accommodations. You might directly work with the employee to adjust their possible ways to make money duties, if reasonable. You can confer with the worker’s direct supervisor to find out how certain proposed accommodations possible ways to make money would impact the day-to-day workings of the department. You could experiment with certain possible adjustments to see how possible ways to make money they work out. There are so many options, in fact, it’s hard to list them all. Instead, the best option at this point is to consult with possible ways to make money your labor and employment counsel to make sure you are possible ways to make money positioning the worker correctly and complying with the ADA. The solution might be so simple that it costs little possible ways to make money to no money and barely makes a ripple in the possible ways to make money functioning of your dealership; but your worker is happy that you worked with them possible ways to make money to solve their problem and you avoided ADA liability.

The ADA was amended about a decade ago, and it is now surprisingly easy for a worker to possible ways to make money prove that they are “disabled” under the federal statute. For this reason, it is usually best to err on the side of possible ways to make money caution and consider possible reasonable accommodations before a legal conflict possible ways to make money develops. By remembering this case, and remembering the critical words – “how can we help you?” – you will be well on your way to ADA compliance possible ways to make money the next time a situation like this presents itself.

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