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ARTICLE · 07 FEBRUARY 2017

No Excuses: "Retroactive Leniency" Is Not An ADA Reasonable Accommodation

Fisher Phillips LLP
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A federal appeals court upheld the termination of an employee who tried to blame her misconduct on her disability during the termination meeting itself.

United StatesEmployment and HR
Richard Meneghello
Richard Meneghello
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A federal appeals court upheld the termination of an employee who tried to blame her misconduct on her disability during the termination meeting itself. The court ruled that "retroactive leniency" was not a reasonable accommodation under the Americans with Disabilities Act (ADA), and therefore the employer had no obligation to apply the brakes to its ongoing disciplinary process despite the employee's pleas.

Here are three things you need to know about the 10th Circuit Court of Appeals' decision in DeWitt v. Southwestern Bell Telephone Company.

  1. Facts Demonstrated A Well-Documented Progressive Discipline Path

    Janna DeWitt began working for Southwestern Bell as a customer service representative in its Wichita, Kansas call center in 1997. In this role, she answered calls from customers regarding residential telephone service.

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