We’ve all dealt with one. Mine came in the form of the deli manager at my local supermarket. She yelled at me and told me if I ever cut my hand on the meat cutter, everyone would hate me because they would lose their bonuses. But just because a supervisor is mean, having to cope with one isn’t a disability, according to George Patterson of Mintz, Levin, Cohn, Ferris, Glovsky and Popeo in this recent blog post.
He draws on a recent California Court of Appeal case for the assertion. The plaintiff was diagnosed with anxiety disorder after telling her doctor about dealing with her supervisor. Based on this, the employer gave her leave under the Family and Medical Leave Act, as well as California’s Fair Employment and Housing Act. She returned briefly when the leave was done, but eventually requested more leave and a transition to a position with a different supervisor, explains Patterson. The employer said yes to the leave, but wouldn’t allow her to work under someone else. Eventually, she was terminated.
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