In judging whether an employee has disability under the ADA, can an employer safely rely on what is on the doctor’s paperwork alone?
In a recent case, Simon v. University Hospitals, the Sixth Circuit Court of Appeals said not necessarily.
The case involved a hospital employee who suffered from PTSD, anxiety, and depression, (stemming from a past miscarriage) that was aggravated by a recent miscarriage and worsened still when coworkers began gossiping about her mental health. She informed her supervisor that she could no longer work at that location and requested a transfer. The employer denied the request, citing a policy against using job transfers as a reasonable accommodation. Although she eventually obtained a role at another site, the position lacked sufficient hours, and her employment was ultimately terminated, and this lawsuit ensued.
In its defense, the hospital argued she was not “disabled,” claiming that her workplace challenges amounted only to a personality conflict. The lower court agreed and, because the employee’s “medical provider largely failed to detail” other affected major life activities with her paperwork, the court focused solely on whether her condition limited the major life activity of “working.”
The Sixth Circuit reversed the dismissal, however, noting that the “paperwork is not dispositive of [her] failure to accommodate claim [and that] the record shows [she] asserted limitations on [her] major life activities other than working.” These assertions included her claims that she suffered from panic attacks which “would substantially limit a major life activity when active.” The court noted that although the employee’s health care provider addressed these effects in a “somewhat cursory” manner, the employer should have been aware—from the information provided –that the employee’s ability to work, think, concentrate, care for herself, and interact with others (during flare-ups) was substantially limited. As a result, the court reversed, holding that a reasonable jury could conclude she was disabled under the ADA.
Three takeaways: First, “disability” under the ADA is broadly defined. Making determinations solely and simply by what the doctor denotes on the form is potentially problematic. Second, don’t focus only the major life activity of working as often, like in this case, there may be several other major life functions affected. And finally, don’t create a policy that says job reassignments are unavailable, and don’t tolerate co-workers who gossip about an employee’s disabling condition!
Pssst…let us know if you’d like to talk about leaves of absence, the ADA, PWFA, and more. We’d love to help!
