January 20, 2014
- 78 Civil Rights
- 78II Employment Practices
- 78k1241 Retaliation for Exercise of Rights
- 78k1251 k. Motive or Intent; Pretext.
Reducing deaf employee’s hours at end of holiday season and disciplining her for violating company policy was not pretext for retaliation for her statement that she intended to bring grievance against photography studio, as would violate the Americans with Disabilities Act (ADA); all employees had hours reduced, employee was unable to perform essential function of her job of being able to communicate verbally with customers, and employee was coloring with crayons in the lab and refusing to take breaks, contrary to policy.
E.E.O.C. v. Picture People, Inc., 684 F.3d 981 (10th Cir. 2012)