Making comments about someone’s illness is both rude and unprofessional. It may also be the basis for a lawsuit.
That’s reason enough to warn supervisors and managers against discussing medical problems related to—and certainly grounds for prohibiting tasteless insults.
Recent case: William, a prison guard, got excellent reviews and choice assignments. His supervisors praised his hard work. Because of his performance, he was assigned to guard a unit housing the worst of the worst, including inmates convicted of murder.
Then William became depressed and began seeing a psychiatrist. After his doctor added anxiety and bipolar disorder to his list of problems, he tookleave so he could undergo treatment.
When William returned to work, he learned he had been reassigned to a different, less prestigious unit.
Then the comments began. He heard managers refer to him as “crazy” and detected new hostility.
William sued, alleging interference with his right to take FMLA leave.
The court agreed he had a case. It said comments calling someone “crazy” may constitute interference with the right to take FMLA leave. The court’s rationale: Being labeled insane and removed from prestigious assignments are things that could discourage an employee from taking leave in the first place. (Dove v. Community Education Centers, et al., No. 12-4384, ED PA, 2012)
Final note: Calling someone crazy may also violate the ADA and create a hostile work environment for disabled workers.
- Supreme Court outlook: All quiet on employment-law front
- You can discharge during FMLA leave--under the right circumstances
- Intermittent FMLA leave may open accommodation door
- For a quick trip to court, allow casual accommodations for some but not others
- OK to transfer worker on FMLA intermittent leave, as long as compensation remains same