Category: Disability Discrimination

Indefinite Leave, Quirky Question # 123

Indefinite Leave, Quirky Question # 123

Quirky Question # 123: Here’s a problem we encounter periodically.  We have a large workforce (in excess of 100,000 employees).  An employee goes out on disability leave, with an expected return date of X.  As that date approaches, we are advised that the employee will need additional time away from the job.  We try to get precise information regarding when...

Seasonal Affect Disorder, Quirky Question # 119

Seasonal Affect Disorder, Quirky Question # 119

Quirky Question # 119: One of our employees, who works in an interior cubicle, has advised us that she is suffering from Seasonal Affective Disorder (or SAD).  She has asked us to move her into an office with windows.  This hardly seems fair to our other employees.  Some have greater seniority.  Others have positions that are at substantially greater pay...

Accommodating Disabled Employee with Serious Illness, Quirky Question # 101

Accommodating Disabled Employee with Serious Illness, Quirky Question # 101

Quirky Question # 101: We recently hired a 49 year-old employee to manage one of our manufacturing facilities.  The employee completed two weeks of paid training and began working at the beginning of the month.  His role is central to the success of the facility.  Less than a month into his new job, however, he called in sick.  Shortly thereafter,...

Accommodating Disabled Employee With Offensive Habit, Quirky Question # 100

Accommodating Disabled Employee With Offensive Habit, Quirky Question # 100

Quirky Question # 100: We have an employee who suffers from Post Traumatic Stress Disorder, is under the care of a psychiatrist through the Veterans Administration and takes medication for this condition.  He also chews tobacco at work.  There have been a number of employee complaints about the disgusting nature of the tobacco habit.  The employee claims that his psychiatrist...

SSI Disability and the ADA, Quirky Question # 97

SSI Disability and the ADA, Quirky Question # 97

Quirky Question # 97: One of our employees became disabled.  He successfully applied for Social Security benefits on the ground that he was permanently disabled from working.  The EEOC now has filed an action against our company, contending that we discriminated against our former employee on the basis of his disability.  If our employee is “permanently disabled from working,” how...

Working Another Job While Taking “Leave,” Quirky Question # 40

Working Another Job While Taking “Leave,” Quirky Question # 40

Quirky Question # 40: We have an employee who is claiming she has a serious health condition as a result of work-related stress and has given us a note from a nurse practitioner saying she should be off work for a month.  We don’t believe she has a serious medical condition, in part because we’ve heard that she is working...

Disability Discrimination, Quirky Question # 15

Disability Discrimination, Quirky Question # 15

Quirky Question # 15: We have a manufacturing company and we use multiple shifts to operate our plant.  We run three shifts daily (7:00 a.m. to 4:00 p.m., 4::00 p.m. to 11:00 p.m., and 11:00 p.m. to 7:00 a.m.)  We recently reassigned one of our employees to the third, and latest shift.  Our employee balked at this assignment, advising us...

Employer Notice of Mental Disability, Quirky Question # 10

Employer Notice of Mental Disability, Quirky Question # 10

Quirky Question # 10: Not long ago, a stray dog wandered into our warehouse.  It did not hurt anyone but it apparently frightened one of our employees.  In the days and weeks after the incident, our employee began behaving more and more bizarrely.  She yelled at her supervisors and co-employees.  In a conversation with our company’s President, she began yelling...