Court: Trial for mentally ill worker denied transfer

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in Discrimination and Harassment,Human Resources

A court has OK’d a trial for a mentally ill worker who was turned down when he asked to be transferred to another supervisor. The man blamed his subsequent discharge on a failure to accommodate.

Recent case: Arnold had a contentious relationship with a co-worker and a history of mental problems, in­­cluding depression and post-traumatic stress disorder. When the co-worker was promoted and became Arnold’s boss, Arnold requested a transfer to another supervisor as a reasonable accommodation. His request was denied. He then got into a fight with the supervisor and was terminated.

Arnold sued, alleging that but for the denial of his transfer request, he would never have gotten into the argument and thus would not have been fired. The court said the case can go to trial. (Shavuo v. Shinseki, No. 1:10-C-2914, SD NY, 2013)

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