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!!!!!


Asked on 6/28/99, 8:02 pm

1 Answer from Attorneys

Barbara C. Johnson Law Office of Barbara C. Johnson

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/

Read more
Answered on 7/08/99, 11:55 pm


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