“At least a few courts throughout the country have concluded that a jury could find that a plaintiff was constructively discharged when they were subject to an unsafe or dangerous working environment.”
A sheriff’s deputy with a hearing impairment—who had been assigned to train in the jail setting and who resigned after having been denied her requested accommodations—sufficiently established that her working conditions were so intolerable that a reasonable person in her position would have had no choice but to resign, a federal court in Colorado ruled, denying summary judgment on her ADA disability discrimination claim. Nor was her employer entitled to summary judgment on her failure-to-accommodate claim, said the court, finding among other things that whether or not she was successfully completing her training did not negate her identified concerns regarding workplace safety (Johnson v. Larimer County Sheriff’s Office, No. 24-cv-00394-NYW-NRN (D. Colo. Oct. 20, 2026)).
Hearing issues. The employee, who reads lips and sometimes uses hearing aids, was hired by the sheriff’s office in May 2022. Her job training included “hands-on training in the jail setting” and she reported to her supervisor that she had difficulty hearing radio traffic when working at the jail. Not only did a training officer report in July that she employee was “missing [a lot] of radio traffic,” but also she claimed she had trouble hearing what kitchen staff was telling her over the telephone, including...
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