Legal Question in Disability Law in Virginia
Unfair treatment
My husbands boss is always cussing at him.When she gets mad at him she calls our house cussing at him. When he tries to explain what was reasons for things she would just hang up on him. When he calls her back she hangs up on him again. This women has called a store meeting and showed up to it drunk. Shes telling my husband she is going to train him to be assistant manager,but is never there and when mistakes happen he gets the blame from the big guys. she leaves the store on the clock to get her hours and leaves him in charge. She has accused him of stealing and he hasnt and there is no proof that he has. Early this week she calls him and demands him to be at a store meeting.She says by the way you might want to start looking looking for another job. Then hangs up on him. He calls her back and ask what hes done wrong she says everything and hangs up on him again. He went to find out what the problem is.she is cussing him out. He cusses back and she tells him to watch his mouth. He quits his job. He gets blamed for alot of mistakes other employess make. My husband has cerebral palsy. We believe he was treated this way because they didnt think he would leave because it wouldnt be easy for him to find another job. can u help?
1 Answer from Attorneys
Re: Unfair treatment
Under the ADA your husband would have to prove that the specific adverse employment action(s) which were taken against him (if there were any) which resulted in his identifiable losses were directly related to and resulted from his having
his condition of CP and, that if his CP was a cause of these adverse actions that the employer made no reasonable effort at accommodating him on the job that he was otherwise competent and qualified to perform.
The kinds of conduct which you have described on the part of your husband's boss (the blame for which cannot necessarily be imputed to the company), would not appear to meet the above-described criteria.
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