The cashiers and service desk people are not properly trained. The few employees you may encounter are running around, trying to put out product, marking things down, and resetting counters. Our bonuses, raises, and pretty much everything else are dependent on our mystery shop scores, not how many complaints we get or how hard we work. So the manager rates them a 2 out of 5, skips the review part of the process, and the employee gets nothing. A black hole exists between corporate and the front line managers, through which little information passes. When you call the 800 number, you’re talking to an outsourced call center employee.The turnover in this area is astronomical, and we usually stick them out there with little to no training. Customer service should be the most important thing, but it rarely is. They email your complaint to the store manager, who probably already talked to you before you left the store.While this post covers obligations under both the Americans with Disabilities Act (ADA) and the Fair Employment and Housing Act (FEHA), I will refer to the ADA only with the understanding that it sets the “floor of protection” under the FEHA (and the FEHA, in fact, affords workers greater protections). Many employers have “maximum leave” policies, under which employees are automatically terminated after they have been on leave for a certain period of time. Simply put: a maximum-leave policy does not satisfy an employer’s obligation to engage in the interactive process and provide a reasonable accommodation to an employee who needs additional leave.This is the case even if the amount of leave time the employer permits is seemingly generous (for example, permitting employees on short-term disability to be out on leave for a year).[cut-rss] Let me explain: The ADA requires that an employer assess each disability accommodation request on a case-by-case basis.
One of the EEOC’s largest settlements (if not the largest) to date has been with Verizon, which in 2011 agreed to pay million to settle a nationwide class disability discrimination lawsuit that challenged its no-fault attendance policy.
This is a huge liability problem for our employees and our customers.
Expect higher prices in the future as people steal us blind.
This means that it is unlawful to simply apply an inflexible maximum leave policy to an employee with a disability who needs more leave.
Instead, the employer must provide additional leave unless granting the time off would cause an undue hardship or there is another effective accommodation that will allow that employee to work.