(Name changed for privacy; photo not that of the client.)
“Bobby Jones,” who has epilepsy, was working part-time as a warehouse sorter on an assembly line, when he had an epileptic seizure three weeks into his employment. The incident prompted him to disclose his disability to his supervisor, who acknowledged that the Americans with Disabilities Act (ADA) statute required that Bobby be provided with a reasonable accommodation if needed. Bobby requested an accommodation for his disability, and his supervisor agreed that he could take a short break from his job duties once he felt that the work environment was triggering a seizure. No more than a month later, Bobby approached this same supervisor with a complaint that he did not get paid for work performed the previous week. The supervisor was dismissive of Bobby’s complaint. This attitude about the pay issue caused Bobby to have erratic breathing, which Bobby knew was the beginning signs of a seizure, so he asked to be allowed to leave the warehouse for a short break. Instead of complying with his request, the supervisor told him that he would be summarily fired if he stepped away from the assembly line. When Bobby saw that he wouldn’t be able to avoid having a seizure if he remained at the assembly line, he chose to walk out, which resulted in his termination of employment. Initially, all Bobby wanted was to be paid for the hours worked, which amounted to a few hundred dollars. For several weeks, Bobby made daily phone calls to his supervisor asking to be paid. Once all of his attempts failed, he turned to JALA for help. Within a month’s time, JALA attorney Edith Jones was able to not only recover Bobby’s unpaid wages, but also negotiate a settlement to resolve the claim of ADA discrimination. Bobby considers that to be an unexpected victory.
About Jacksonville Area Legal Aid
Jacksonville Area Legal Aid is a nonprofit law firm focused on delivering economic, social, and housing justice to low-income and at-risk individuals and families on the First Coast.
If you are an attorney wanting to volunteer with probate and heirs property issues, contact JALA Pro Bono Director Aaron Irving, at (904) 356-8371, Ext. 363, or Aaron.Irving@jaxlegalaid.org.
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