Court holds that anxiety from possibly getting fired is an ADA

disability.

October 7th, 2013

This article by attorney Eric B. Meyer posted on the DRI (Defense Research Institute) LinkedIn page

states that a federal court, remarkably, has recently held that the anxiety symptoms arising from fear

of losing one’s job qualifies as a “disability” under the ADA (American’s With Disabilities Act). This

certainly has relevance for forensic psychiatrists who are asked to evaluate employees to determine

whether or not they have psychiatric diagnoses that qualify as a “disability” under the ADA!

The federal opinion can be downloaded here: Huiner-v-Arlington-School

Court holds that anxiety from possibly getting fired is an ADA disability

By Eric B. Meyer on October 4, 2013 7:00 AM |

Let me tell you about a teacher in South Dakota. In 2010, she received a letter communicating

concerns about her performance. Subsequent evaluations of the teacher’s classes noted several

deficiencies. So, the school placed the teacher on a performance improvement plan.It was right around

this time that the teacher met with a physician’s assistant, who diagnosed the teacher with “anxiety

and depression, likely stemming from her concerns about possibly getting fired.”So, at the teacher’s

request, the physician’s assistant wrote a letter to the school seeking a laundry list of

accommodations, including:

● restructuring her job to include only essential functions if stressful situations continue to

negatively impact her

● encouraging her to walk away from stressful confrontations with supervisors; and

● providing coverage if she becomes overwhelmed with stress from the work environment and

needs to leave

The school responded to the full list of accommodation requests, agreeing to provide some, rejecting

some, and requesting clarification as to others.

A few months later, after the PIP ended, the school recommended against renewing the teacher’s

contract, delivering to her a “notice of his intent to recommend nonrenewal.” Shortly after receipt of

the notice, the teacher took a medical leave of absence for the rest of the school year, after which her

contract was not renewed.

The teacher then sued for discrimination under the Americans with Disabilities Act.

What is a disability under the ADA?

The ADA requires employers to accommodate a disabled employee if, doing so, will allow that

employee to perform the essential functions of her position without resulting in undue hardship for the

employer. An employer who fails to discharge these obligations has violated the law.

However, to make out a “failure to accommodate” claim, the employee most first establish that she

has a “disability.” One example of a disability under the ADA is a physical or mental impairment that

substantially limits one or more major life activities of such individual. Major life activities include, but

are not limited to, “caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, . . .

learning, reading, concentrating, thinking, communicating, and working.”

This includes conditions arising from the fear of possibly getting fired.

The burden of proving a disability is rather light. But could it even include anxiety and depression

about possibly getting fired? According to this recent federal court opinion, yes:

When asked what activities of daily living Huiner [the teacher] was unable to perform, Buman [the

physician’s assistant] stated she was unable to maintain her nutritional needs, had difficulty caring

for her children, and had sleep pattern deficits. The medical records from Huiner’s appointments with

Buman correspond to Buman’s testimony. Huiner’s difficulty maintaining her nutritional needs is

further evidenced by her significant weight loss during that time period; she lost over thirty pounds

from September 7, 2010, to June 29, 2011. Based on this evidence, the court finds Huiner has come

forth with sufficient facts to make a prima facie showing that her anxiety constitutes a disability

under the ADA. This is especially the case when considering the relaxed standards imposed under the

ADAAA for determining what constitutes a disability.

Hear that? It’s the sound of litigation floodgates opening.

And my pockets getting fatter.