Question in Dallas: Can elected official claim ADA protection? — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Question in Dallas: Can elected official claim ADA protection?

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in Discrimination and Harassment,Human Resources

Dallas District Attorney Susan Hawk, who admits she has a history of mental illness and drug abuse, checked herself into an inpatient treatment facility. Now, she maintains she is back on the job and fully capable of performing it. Not everyone agrees.

Using a little-noticed Texas law, Cindy Stormer (a former high-ranking prosecutor) has filed a petition to have Hawk removed from office because of incompetence. The law allows anyone to file a petition in court to remove an elected official for various reasons, including mental instability and intoxication either on or off duty.

Hawk claims the ADA protects her because her rehabilitation was a reasonable accommodation that allowed her to return to her job. Her critics counter that she has not performed the job the voters elected her to do. Her supporters laud her courage in acknowledging and fighting her mental illness.

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