As you know, some employees will claim they are disabled, and get a doctor to support it, thereby causing HR departments to scramble for an appropriate accommodation. Is requesting a new supervisor a “reasonable accommodation”?
This week a California state appellate court held that an employee’s inability to work under a particular supervisor because it caused anxiety and stress is NOT a disability to sustain a claim of disability discrimination under California state law.
Unfortunately, prior to discharging this employee for failing to provide additional documentation related to her “disability,” the company provided various leaves of absences over several months. The Court ruled that because the employee failed to show that she “suffered from a recognized mental disability” all of her claims based upon that disability must fail.
While it is always a good idea to be cautious when dealing with an employee claiming a disability, make sure that what they are claiming, if valid, is recognized under the law as a protected illness.
Contact me to learn how ERS can customize affordable training options that meet your specific needs and train your staff on how best to avoid an employee claim.