https://completemarkets.com/Article/article-post/2179/Ada-Claims-Being-Brought-For-Hostile-Environment/
Ada Claims Being Brought For 'Hostile Environment'
ADA CLAIMS BEING BROUGHT FOR 'HOSTILE ENVIRONMENT'
by Donald Phin
Courts across the country are now starting to grant 'hostile work environment' claims under the ADA, even under circumstances in which the employee was given a reasonable accommodation and wasn't otherwise discriminated against by the employer. While the ADA doesn't expressly provide a claim for hostile environment, many courts have reasoned that such a right can be inferred because the statute is modeled on Title VII of the Civil Rights Act. As this legal trend develops, we can expect to see many parallels being drawn between sexual harassment and hostile environment claims.
Here are examples of hostile-environment ADA claims being allowed (taken from Lawyers Weekly USA):
An obese truck driver claimed his supervisor called him 'Shamu' and the 'Goodyear Blimp,' and said his shirt was as big as a nightgown (New Jersey).
An automotive designer with diabetes claimed that his supervisor did not believe his diabetes caused him to be late for work, called him 'useless,' and said he would find a way to fire him (Michigan).
A store manager with a back injury claimed that his boss berated him in front of other employees, told him that he had to work 'every minute of his shift' no matter what his doctor said, and that he would 'ride him until he quit' (Georgia).
A hair salon manager with AIDS claimed he wasn't allowed to return to work because his co-workers had threatened to walk out and his manager said she wanted to 'get rid of him' (New Mexico).
A saleswoman with multiple sclerosis claimed that her supervisor mimicked and ridiculed her speech and gait, blamed her for office staffing problems and mistakes she hadn't made, threatened to take away her special equipment, hovered over her, and criticized her performance in front of other employees (Maryland).
Lawyers Weekly also listed more than a dozen other cases in which the claim was recognized but the facts weren't sufficient to allow it to go forward. Whether an ADA hostile-environment claim goes forward or not, it's nonetheless a costly episode for the employer. (It would be my guess that in each of these cases, the disgruntled employee went to an attorney's office without knowing anything about environmental hostility under the ADA.)
Unless you'd rather be like a mushroom and remain in the dark about your exposures, I recommend that you distribute a Compliance Survey to unearth these claims-before they reach an attorney.
Note: In many of these cases, managers were chiding employees for arguably poor performance. This is yet one more reason why it's important to document poor performance immediately, and have the employee recognize the complaint. Attack the conduct, not the person.