Litigation value: $0.00 provided Dwight reins in
his hostility to Nellie's anxiety meds.
Amidst the costumes, bad investments, and a cappella singers
(OMG COLBERT!!!!!), this week's episode — Here Comes
Treble — reminds us that harassment on the basis of
disability is just as verboten in the workplace as sex- or
race-based harassment. Dwight found a little yellow pill under
the sofa and learned it was anxiety medication. So he started
hunting for the office "crazy person." He eventually
learned that the medication was Nellie's and fortunately left
it alone after that.
But what if instead Dwight started teasing Nellie for being on
anxiety medication? And what if Nellie complained about
Dwight to Andy but nothing was done, or worse, Andy joined in
the teasing? And what if Dwight's unremedied teasing made
Nellie's condition worse, even to the point that she could not
work anymore?
Courts analyze harassment under the ADA the same way they look
at Title VII harassment. In 2006, the U.S. Court of Appeals
for the First Circuit affirmed a $300,000 disability harassment
verdict for an employee suffering from anxiety in part because he
was subject to such constant ridicule about his mental impairment
that it caused him to be hospitalized and eventually drove him out
of the workplace.
Considering the potential risk, some intensive EEO training
would be useful at the Scranton office, but we've been
recommending that for the past nine seasons to no avail. With
just a few episodes left, screw it. Let 'em harass,
discriminate, and retaliate to their heart's desire. More
work for the lawyers!
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.
Specific Questions relating to this article should be addressed directly to the author.
The Departments of Labor, Treasury, and Health & Human Services have issued new guidance on the content requirements for health plan summaries of benefits and coverage ("SBCs").
E-mail can be powerful evidence in a dispute, and whether employers and criminal investigators may use employee e-mail in litigation proceedings is a hot topic. A recent New York federal court decision outlined the current law in this area.
I wrote two years ago about the challenges employers face when an employee attributes his or her misconduct to a disability.
I wrote two years ago about the challenges employers face when an employee attributes his or her misconduct to a disability.
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