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Decisions of Interest
ADA/Duty to Accommodate: Direct Threat
An employee who threatened a co-worker with foul and abusive language did not establish that her employer failed to reasonably accommodate her under the Americans with Disabilities Act. Johnson v. Maynard, 2003 WL 548754 (S.D.N.Y. 2/25/03) (Hellerstein, D.J.)
The employee suffered from paranoid schizophrenia and bipolar disorder, but was not disabled under the ADA because these impairments did not limit any major life activity when she used prescribed medication. The employee testified at her deposition that she did not need an accommodation, and the only evidence she submitted relating to a request for an accommodation was her testimony that she asked a co-worker to “watch her.” The court found the request insufficient to constitute a request for a reasonable accommodation: “[the employer] should not be charged with a failure to make a reasonable accommodation when plaintiff neglected to take her medication. After all, an employer cannot be expected to ensure that an employee is properly following her doctor's orders.”
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