disability discharge

Doris was an employee in a bank’s Demand Services Department.  She suffered from dysthymia, a form of depression, along with phobia and bouts of more intense depression. Over several years she was absent from work on a relatively frequent basis. The employer discharged her after continuing absences following two periods of probation for absences from work. She was discharged the day after she had called in that she would be absent because of “depression again.”  Should Doris’s condition be considered a “disability?” If so, what, if any, accommodations could have been made for Ms. Doris? Do you believe her discharge violates the ADA?

 

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