Question: Suppose that a unionized employee is fired on the grounds that her disability is work related and therefore, even with reasonable accommodations, she cannot perform the fundamental duties of her position. The terminated employee subsequently files for and receives disability benefits under the Social Security Act. She also files a grievance through her union under the grievance/arbitration provision of the collective bargaining agreement and she files a disability discrimination claim in state court. You are the HR director of the company. Advise the CEO on how to respond to these actions. Consider and deal with the following issues:
• Does the former employee's successful receipt of Social Security disability benefits preclude her claim of having a non-job-related disability?
• Is this claim essentially a workers' compensation matter, subject to the exclusive remedies of the state workers' compensation act?
• Does it matter whether or not she received unemployment compensation benefits when she was first fired?
• Can the employer require her to submit her claim to arbitration, as her exclusive remedy?
• Does ERISA figure into this case in any way?