One of the most effective ways to combat an employee-initiated
discrimination lawsuit is to train your supervisors and managers on
how to spot and respond to scenarios that are the catalyst for such
lawsuits. If a company's supervisors and managers are
ill-equipped to recognize and handle a disability accommodation
request, for example, the company may be exposed to the risk of
violating the ADA and other applicable laws. Below is a summary of
a recent opinion from the United States Court of Appeals for the
Eighth Circuit that proves this very point.
Last week, in Garrison v. Dolgencorp, LLC, the Eighth Circuit
reversed the district court's grant of summary judgment in
favor of Dollar General on the plaintiff's failure to
accommodate claim. The court affirmed summary judgment in favor of
Dollar General on the plaintiff's other claims (retaliation in
violation of the ADA and FMLA interference).
