Because of the unique nature of the ADA, each claimed disability must be evaluated individually. It’s not enough that an employee alleges he or she has been diagnosed with what may be a disabling condition. The employee has to show that condition has some effect on his or her ability to perform the job.
Recent case: Gary worked as a police officer and was a member of the military reserves. When his reserve duty ended, he tried unsuccessfully to return to his police job. He had a diagnosis of post-traumatic stress disorder.
Gary sued, alleging that he should have been accommodated and rehired. But his complaint was a shambles, with no details on exactly how PTSD affected his everyday life. The diagnosis alone did not persuade the court, which tossed out his lawsuit. (Soules v. Oxford, et al., No. 15-3418, 2nd Cir., 2016)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- If no job loss, no damages for whistle-blower
- Is there any way to keep staff from speaking with former employee's attorney?
- Must we honor an attorney's request for our employee's personnel records?
- Unsatisfied whistle-blower may file lawsuit