Veteran alleges T-Mobile denied her disability accommodation, then retaliated

For HR leaders, the allegations track a familiar pattern: the case turns less on dramatic conduct than on process. According to the filing, the question is whether the employer engaged with the worker’s request and tried to find a workable solution. 

The complaint alleges the employee is a qualified individual with a disability who could perform the essential functions of her job with reasonable accommodation. It alleges the company knew, or should have known, about her disability and her need for accommodation. 

The filing brings six counts. It alleges disability discrimination, “failure to accommodate,” “retaliation,” a “hostile work environment,” and interference with rights under the ADA. It also asks the court to rule that any arbitration agreement cannot keep the claims out of court. 

The accommodation count is where HR readers should pay attention. The complaint alleges the company “failed to engage in the interactive process required by the ADA in good faith.” That process is the back-and-forth an employer is expected to have with an employee to land on a workable accommodation. The filing treats its absence as a core allegation. 

The complaint also alleges retaliation. It states that after the employee engaged in protected activity – including requesting accommodation and opposing practices she viewed as unlawful – the company took “materially adverse” action against her, and that the two were connected.