Page 83 - An Indispensible Resource for Being a Credible Activist

I know we share a strong commitment to the consistent application of all (Company)’s
policies as well as compliance with all relevant city, state, and federal laws related to the
ADA and ADAAA.
Additionally, I know we share an awareness of the importance of precedent in our deci-
sion-making processes and our handling of ADA issues in a legally compliant manner.

SAMPLE MEMO CONCERNING/ALLEGING RETALIATION
FOR ADVOCATING FOR THE ADA/ADAAA

On letterhead, in interoffice memo, or via e-mail
CONFIDENTIAL
To: Your Supervisor
(Include any others on this list to whom this memo should be addressed.)

From: Your Name
Date:

Re.: Concerns about (Company’s) Compliance with ADA, the ADAAA, and Retaliation
I am compelled to express concern about the response to my memo regarding how we at
(Company) handle issues related to the Americans with Disabilities Act (ADA and
ADAAA).

The ADA protects against retaliation any employee who advocates for the ADA to be
properly administered, even if that employee is advocating for another employee’s dis-
ability or is ultimately mistaken in his or her recommendations.
I documented my concern about how the recent situation with (employee’s name) was
handled, and since then, I have experienced greater scrutiny of my job performance. I
have also experienced disparate treatment of any ordinary minor errors I have made both
as compared to those of my colleagues and as compared to treatment given to minor
errors I may have made prior to my having raised my ADA concerns.
These instances fit the definition of retaliation against me under the ADA. I request and
recommend that we address these issues with an experienced, impartial external media-
tor and/or investigator who is knowledgeable about ADA law, retaliation, and sound con-
flict resolution methods. The EEOC has an excellent mediation program.

I recommend again that we consider implementing a decision-making protocol that will
include technical assistance consultation from no-cost government or SHRM resources to
prevent errors around retaliation in the future. Additionally, I again recommend that all per-
sons involved in decisions that have salience under ADA as stated in my previous memo
attend formal training on ADA prohibitions against retaliation and related compliance issues.

66 The H R Toolkit