A federal judge in Massachusetts recently ruled that an employee whose PTSD was triggered by confined spaces and stressful situations could bring a disability discrimination claim under the Americans with Disabilities Act because her employer allegedly failed to give her an office with a window.
Jennifer Lee Rivera, a clerical employee for a home health care company, was initially permitted to work out of the rarely used office of the company’s co-owner, Shakira Lubega.
After her boyfriend was murdered, the plaintiff suffered further psychological trauma and was allegedly permitted to continue to use Lubega’s office on a temporary basis.
The office was private and had a window, which calmed the plaintiff.
Lubega eventually needed to use her office more frequently, and while the plaintiff told her supervisor she needed a private space with a window, her doctor’s note simply stated that closed, crowded spaces triggered her anxiety.
In the meantime, the plaintiff refused other options, including the use of a conference room with a window where other people frequently cycled in and out.
The company allegedly denied her the use of another private office with a window because it was assigned to an incoming employee who had not yet started.
The company allegedly denied her the use of another private office with a window because it was assigned to an incoming employee who had not yet started.
At no point did the parties sit down and formally discuss Rivera’s disabilities and why she required a window.
When she filed suit under the ADA alleging disability discrimination, the company argued that Rivera, in failing to consider the accommodations it offered, refused to engage in the interactive process.
But a U.S. magistrate judge disagreed, finding enough dispute over the facts to get the case to a jury.
Whether Rivera can prevail at trial remains to be seen.
But if you have an employee claiming a disability, it’s critical that you seek the advice of your attorney, sit down with the employee and formally discuss why the requested accommodation is or is not reasonable. Otherwise you could end up battling it out in court too.