Disability discrimination rulings: CFS

[Guest guest]

Source: Diversity Inc. Magazine

August 11, 2009

Author: Bob Gregg <rgregg

URL: _http://www.diversityinc.com/public/6146.cfm_

(http://www.diversityinc.com/public/6146.cfm)

 

 

Disability discrimination rulings: How can they impact your workplace?

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The relapse of a condition is a covered disability.

 

An administrative aide's chronic fatigue syndrome (CFS) had been in

remission for 17 years before she started working for the company.

More than a year after being hired, she had a relapse and requested

accommodation for the CFS disability. Instead, the aide was fired. The reason

given was that she had *falsified* her pre-employment medical evaluation by

not revealing CFS on the medical questionnaire. The court ruled against the

company; the questions did not specifically

include CFS as a condition. After 17 symptom-free years, it*s unlikely

that a reasonable person would understand that CFS might be included in the

generic category of **blood conditions.** The court found the company*s

reason for discharge to be pretextual. EEOC v. Chevron Phillips Chemical Corp.

(5th Cir., 2009).

 

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© 2009 Diversity Inc.