In today’s world of work, lots of employees experience stress, which sometimes manifests itself in panic or anxiety attacks or problems concentrating. But that does not mean the employee is disabled.
Recent case: Linda Veltri, who worked to collect outstanding balances from delinquent credit cardholders, had an anxiety attack and took short-term disability leave. She also experienced memory problems that required her to take more notes that she had in the past and to study longer and harder when working on her college classes.
Veltri quit when her accommodations request was denied. She sued, alleging disability discrimination.
But the court said she wasn’t disabled. Merely being stressed and having to take notes or study harder isn’t enough to be considered disabled. (Veltri v. DSF Services, No. 2-09-CV-416, SD OH, 2011)
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- No application on file, no failure-to-hire claim
- Ask EEOC to keep employee info confidential
- Know Minnesota's disability law: State statute has lower threshold than federal ADA
- Make and keep interview notes to prove promotion process wasn't discriminatory