IS A LESS STRESSFUL WORKING ENVIRONMENT A REASONABLE ACCOMMODATION?
It seems that one local court in Florida does not think so, but what would you expect from a bunch of judges who can’t be fired, have no production deadlines, and are never evaluated. This decision reminds us of the FLRA decisions which held that sudden severe increases in employee workloads do not amount to changes in working conditions. A Florida employee suffering from epilepsy asked that his manager adopt a less domineering, overbearing stress-inducing style of managing. His doctor certified that high tension and stress triggered his seizures. Too bad, pronounced the court. Asking someone to manage in a mature, enlightened manner is asking too much. Although what we would not be surprised to find is a well-tanned judge felt stress-induced seizures are not worthy of accommodations, we hope that no one will be intimidated by this decision. In fact, we are keeping our fingers crossed this decision not only gets overturned but is ignored across the land. Check out a post from the Jackson/Lewis law firm entitled, “Employee Seeking Less Stressful Work Environment Denied ADA Protections” if you want more details.