Legal Question in Disability Law in Virginia
Demotion after disability disclosed
If an employer hands down a severe demotion after the third day from returning from a disclosed to the employer ADA leave time for documented and treated mental illness, is there grounds for a lawsuit under ADA?
Asked on 7/27/08, 4:31 pm
1 Answer from Attorneys
Michael Hendrickson
Law Office Michael E. Hendrickson
Re: Demotion after disability disclosed
Many more relevant facts would be needed in order to make such a determination, but if the adverse action described was taken against the returning employee in retaliation for the employee taking the preapproved leave under the ADA, it might well be actionable in federal court.
Answered on 7/28/08, 6:09 pm