Image of custodian

Photo not that of the actual client.

“Seth,” 20, came to JALA for help after receiving a final warning notice for his employer, which he knew was a precursor to his termination. Seth had been diagnosed at 15 with follicular lymphoma, a cancer that attacks white blood cells. Despite this debilitating illness, he manages to work full-time as a custodian for a company that contracts with large institutions. When initially hired, his employer was made aware of his disability, and in accordance with the Americans with Disabilities Act (ADA), he was provided with reasonable accommodations that allowed him to perform his position. However, after he had been on the job for six months, there was a change in management, and the new manager rescinded all of the previously approved accommodations. The manager then advised Seth to “stop using his illness as an excuse to not do the job” and proceeded to issue the final warning notice. JALA attorney Edith Jones immediately sent a letter to Seth’s employer pointing out the seriousness of violating the requirements of ADA by not affording an employee such as Seth with certain reasonable accommodations that would allow him to perform the essential functions of the job. The employer was specifically advised to engage in an “interactive process” with Seth to identify what was believed to be reasonable in light of the request for accommodations he and his hematologist had submitted. After several weeks of back-and-forth communications JALA and Seth had with his employer, the employer finally conceded to providing him with the requested accommodations. During the process, Seth had applied for a position with the Mayo Clinic as a medical technician, and after a successful interview, was hired. While he is moving on to a better job, his case nonetheless vindicated his rights and served to educate his previous manager on ADA requirements.