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Woman Files Lawsuit against Employer for Failure to Make Accommodations for Anxiety

Posted on in Employment

A New Jersey woman, who claims that her anxiety worsened when she drove in busy rush hours, has filed an employment lawsuit against her employer. Her lawsuit claims that the employer failed to change her work schedule so that she could avoid those early morning peak hours.

The lawsuit also claims that the employer fired her in wrongful retaliation for her complaint about workplace bias. The woman was fired in May 2013. In her lawsuit, the woman, who joined the company as a marketing consultant, says that she went on medical leave in 2012. According to the complaint, she began to suffer from depression and anxiety, and her condition was especially aggravated when she drove through congested traffic during rush hour.

When she returned back to work in November 2012 after her medical leave, she requested her employer to give her a different work shift in which she could arrive to office after the morning rush hour, and leave just before the evening rush hour. This, according to the lawsuit, was reasonable accommodation for the woman's disability. Initially, the employer did make a change to her schedule, but after a while, no changes were forthcoming. Further, when she returned from medical leave, her professional work duties had been demoted to clerical-type work. The woman filed a complaint with the ethics review board of her firm, but was fired from her job soon after.

According to the Department Of Labor, employers must make reasonable accommodations for a person's disability. All workers have the right to workplace adjustments or accommodations that can help them maximize their productivity. However, determining whether your condition qualifies as a disability that warrants an accommodation can be tricky. If you are currently facing discrimination in the workplace, speak with an employment lawyer in San Jose.

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