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... Phin This content has not been rated yet. 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) ...

... Phin This content has not been rated yet. 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) ...