Can an employer diagnose an employee with a disorder and then deny promotion on those means?
I have a friend who has a new job. The boss, a former psychologist, has diagnosed him with ADD and said that a planned promotion is off the table as a result. His workload was reduced to "see if he can handle it." I assume he will be evaluated again in the future. Is this legal?
2 answers | asked Nov 12, 2015 07:55 AM [EST] | applies to Pennsylvania
Answers (2)
If an employee can handle all of the "essential functions" of his or her job with or without an accommodation, then that employee cannot be singled out for special treatment. Doing so would violate both the Pennsylvania Human Relations Act (if the employer has at least 4 employees) and the Americans with Disabilities Act (if the employer has at least 25 employees).
The failure to promote is equally actionable.
Your friend should consult with a Pennsylvania employment attorney to assess *all* of the facts of his or her case, because it's impossible to diagnose these situations adequately over the web, nor is an attorney permitted to "give legal advice" via the web to a non-client.
posted by Harold Goldner | Nov 12, 2015 10:05 AM [EST]
The failure to promote is equally actionable.
Your friend should consult with a Pennsylvania employment attorney to assess *all* of the facts of his or her case, because it's impossible to diagnose these situations adequately over the web, nor is an attorney permitted to "give legal advice" via the web to a non-client.
posted by Harold Goldner | Nov 12, 2015 10:05 AM [EST]
No. An employer cannot diagnose an employee with a disability and discriminate against the employee because of the perceived disability. Strictly unlawful.
It sounds like your friend has a case. He or she should talk to a Pennsylvania employment lawyer. However, the objective should probably be to gently educate the employer, even if a psychologist, about the Americans with Disabilities Act with the goal of getting the employer to comply.
posted by Neil Klingshirn | Nov 12, 2015 09:03 AM [EST]
It sounds like your friend has a case. He or she should talk to a Pennsylvania employment lawyer. However, the objective should probably be to gently educate the employer, even if a psychologist, about the Americans with Disabilities Act with the goal of getting the employer to comply.
posted by Neil Klingshirn | Nov 12, 2015 09:03 AM [EST]
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