Employee’s Lawsuit Based on a Non-Obvious Mental Disability Dismissed By A. Stevenson Bogue, Attorney, McGrath North
she suffered from bipolar affective disorder, which apparently caused her to interrupt meetings, disturb coUnder the provisions of the Americans with Disabilities workers and disrespect her supervisor. After several Act, an employee who wishes to seek an accommodation incidents, her supervisor issued a formal behavioral of the restrictions imposed by warning. The plaintiff then their disability must bring their applied for FMLA leave, which disability to the attention of the was granted by the company’s Upon a review of the record, the Court employer, if it is non-obvious. third-party administrator. Upon concluded that plaintiff could not make The Eighth Circuit Court of her return to work, plaintiff gave a sufficient showing that she was able Appeals, in Walz v. Ameriprise her supervisor a note from a to perform the essential functions of the Financial, Inc., upheld the doctor at a mental health service position without an accommodation. dismissal of a lawsuit because which cleared her to return to the plaintiff had not informed her work for 40 hours a week and employer of either her disability stated that she had been or that an accommodation was necessary to perform the stabilized on her medication. However, her erratic and essential functions of her job. disruptive behavior returned. She was terminated because of her repeated misconduct. The plaintiff’s job required people, teamwork, communication and time management skills. It also Plaintiff did not ever inform her employer of the nature of required that she be “good at relationships.” However, her disorder. Nor did she request any accommodation.
16
SOUTH DAKOTA MUNICIPALITIES
