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Executive Summary: On Tuesday, October
22, 2019, a Tennessee federal judge rejected a lawsuit brought by the U.S. Equal Employment
Opportunity Commission (EEOC) in which it claimed a nursing home
failed to accommodate an employee with anxiety. Finding that the
EEOC failed to show the employee’s anxiety qualified as a
disability, this decision offers hope to employers faced with
requests for accommodation where the employee claims generalized
anxiety.
Background: In January 2018, the EEOC brought a
lawsuit pursuant to the Americans with Disabilities Act (ADA),
against The Health Care Center at West Meade Place (the employer).
Specifically, the EEOC claimed the employer ignored Carma
Kean’s (the employee’s) request to go on intermittent
leave from her laundry technician job, and terminated her
employment after she requested a reasonable accommodation for her
anxiety disorder.
In its motion for summary judgment, the employer contended the
employee never claimed that she had a disability, or that anxiety
was the reason for her accommodation request. The EEOC argued the
employee’s testimony was consistent with her doctor’s
conclusions that she could potentially need a few days off to deal
with her anxiety. The EEOC also argued the employee had a
“record of impairment” that was provided to the
employer at the start of her employment.
Rejecting both of the EEOC’s arguments, the court found
the employee’s testimony “wholly lacking in support for
a finding that her anxiety rose to the level of a mental impairment
that substantially limited a major life activity.”
Ultimately, U.S. District Judge William L. Campbell Jr. granted
summary judgment, saying the EEOC failed to make the case that the
employee’s anxiety disorder rose to the level of a disability
to trigger the employer’s obligation to provide a reasonable
accommodation under the ADA.
Employers’ Bottom Line: Although, this
decision provides guidance to employers facing claims of anxiety,
it does not shield employers from ADA claims. Rather, claims must
be reviewed carefully to determine if the medical issue presented
constitutes a disability under the ADA. If it does meet the
criteria, employers must engage in the interactive process to
determine if a reasonable accommodation, including an intermittent
or reduced scheduled leave, may be available.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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