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V0.4. Failure to Engage in the Interactive Process

  • Policy Reference: ADA requirements and Cox's Anti-Retaliation Policy, Section III.

  • Issue: There has been a lack of engagement in the required interactive process for reasonable accommodation. The ADA mandates an interactive

Quote: "We can revisit your request once you have received a medical release to return to work from your physician." 

Azariah Email: Email from Azariah Workman, July 26, 2024, Subject: "Re: [EXTERNAL] Completed Physician Accommodation Request Form, Medical and Accommodation Documentation" Violation: ADA Interactive Process Requirement - The ADA mandates an interactive dialogue between employer and employee to determine suitable accommodations. Azariah deferred this process until the employee's return, neglecting her responsibility to engage in ongoing dialogue.



Quote: "We can revisit your request once you have received a medical release to return to work from your physician." Azariah Email: Email from Azariah Workman, July 26, 2024, Subject: "Re: [EXTERNAL] Completed Physician Accommodation Request Form, Medical and Accommodation Documentation" Violation: ADA Interactive Process Requirement - The ADA mandates an interactive dialogue between employer and employee to determine suitable accommodations. Azariah deferred this process until the employee's return, neglecting her responsibility to engage in ongoing dialogue.

2. Unilateral Decision-Making Without Employee Participation

Quote: "I worked in partnership with your leadership to look at all of the information you have submitted and have verified that per the policy, your commission payouts are correct." Azariah Email: Email from Azariah Workman, July 31, 2024, Subject: "Follow Up" Violation: ADA Interactive Process Requirement - Azariah reviewed and made decisions regarding commission payouts without the employee's presence or input, contravening the principles of an interactive process.

3. Inconsistent Statements and Misleading Information

Quote: "Because you closed your case with MetLife, you were on an unapproved leave of absence while performing no work on July 1st, 2nd, 4th and 5th." Azariah Email: Email from Azariah Workman, July 31, 2024, Subject: "Follow Up" Violation: Fair Labor Standards Act (FLSA) - The statement conflicts with the fact that pay periods and actions taken after July 5th could not affect the paycheck already issued.

4. Failure to Investigate Reported Issues

Quote: "I have verified with payroll that your paycheck is correct." Azariah Email: Email from Azariah Workman, July 31, 2024, Subject: "Follow Up" Violation: Cox Anti-Retaliation Policy - Azariah failed to investigate the reported payroll discrepancies thoroughly and dismissed concerns without proper inquiry.

5. Retaliatory Actions Following Health-Related Requests

Quote: "Failure to meet the sales minimum threshold in any one-month period will result in the beginning of the performance improvement and corrective action process." Manager Evaluation: Issued on July 27, 2024 Violation: ADA and Cox Anti-Retaliation Policy - The immediate issuance of a written warning upon return from a health-related absence suggests retaliation and a failure to accommodate health needs.

6. Ignoring Employee’s Requests for Prorated Hours Due to Technical Issues

Quote: "I can share with you the amount of time spent on tickets and attempts to restore my computer." Email to Sarah: July 25, 2024 Violation: FLSA - Failure to acknowledge and address the employee's request for proration of hours lost due to technical issues.

7. Contradictory Actions Regarding Employee Leave

Quote: "Once you are ready to return to work from your MetLife managed leave, we can engage in the interactive process." Azariah Email: Email from Azariah Workman, July 26, 2024, Subject: "Re: [EXTERNAL] Completed Physician Accommodation Request Form, Medical and Accommodation Documentation" Violation: ADA - While claiming to wait for the employee's return, Azariah conducted independent reviews and made decisions during the employee's absence, showing inconsistency in her approach.

8. Violation of Company Policies on Reporting and Investigations

Quote: "Please note that when returning from a MetLife managed leave of absence, employees are required to provide documentation supporting their return to work." Azariah Email: Email from Azariah Workman, July 26, 2024, Subject: "Re: [EXTERNAL] Completed Physician Accommodation Request Form, Medical and Accommodation Documentation" Violation: Cox Anti-Retaliation Policy - The statement reflects a lack of adherence to the policy of thorough and fair investigation of complaints and concerns.


Individual Items Requested and Not Received:

Conclusion

Summary: The actions and statements made by Azariah Workman demonstrate a consistent pattern of neglecting the interactive process, making unilateral decisions without employee participation, and failing to investigate or address concerns properly. These actions violate multiple aspects of the ADA, FLSA, and Cox’s Anti-Retaliation Policy.