Spangler was an employee in a bank's Demand Services Department, whose position required daily client contact. 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." Does her discharge violate the ADA?

Question

Spangler was an employee in a bank's Demand Services Department, whose position required daily client contact. 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." Does her discharge violate the ADA?​

Quizplus · Accepted Answer

CA qualified individual under the ADA is someone who can perform the essential functions of the job with or without reasonable accommodation. Spangler's frequent absences indicate she might not be able to perform the essential functions of her job, which involves daily client contact. However, her condition, dysthymia, along with phobia and bouts of more intense depression, could be considered a disability under the ADA as it substantially limits one or more major life activities. The ADA requires employers to provide reasonable accommodations unless doing so would cause undue hardship. The question of whether her discharge violates the ADA would depend on whether reasonable accommodations were considered or could have been made to help her perform her job's essential functions.

Spangler Was an Employee in a Bank's Demand Services Department