Legal Question in Disability Law in Illinois
Explanation of nexus, and how you extablish?
Explain nexus? How does one go about showing a nexus between a protected activity of whistleblowing activity (retaliation) and termination (ADA) denial of reasonable accomudation? Explain how to tie a adverse action to an employee and protected activity.
Urgent!!!!!
1 Answer from Attorneys
Re: Explanation of nexus, and how you extablish?
For a whistleblowing case, you need (a)
to have reported some unlawful activity by your
employer to some governmental entity and (b)
to prove that your employer learned that you
reported or "blew the whistle" on the company and (c) then your employer took an
adverse action against you.
Because it is UNlikely that you would have
DIRECT proof that your whistleblowing was the
reason the adverse action
against you was taken, the court allows the jury
to
INFER from the evidence that there was some NEXUS or CONNECTION
between your whistleblowing and their adverse
action.
Not all states have whistleblowing statutes. For instance, there is no
"whistleblowing" statute in Massachusetts, where I am a member of the
bar.
Re your ADA comment: Were you terminated (a)
because you could not perform the "essential
functions" of your job with or without a
reasonable accommodation,
or (b) because you needed a reasonable
accommodation and they refused to give you one,
making it impossible for you to perform, or (c)
because they didn't want to reinstate you after
medical leave because their insurance premiums would have
gone up or (d) . . . ?
Barbara C. Johnson
http://falseallegations.com/