6th Circuit clarifies duty to disclose disability, request accommodation

A recent opinion by the U.S. 6th Circuit Court of Appeals (whose rulings apply to all Michigan, Ohio, Kentucky, and Tennessee employers) confirmed that an employee must sufficiently alert their employer of the need for a reasonable accommodation and/or leave of absence to successfully articulate a disability discrimination claim under state and federal law.

Sculpting depression

After a transfer to a different department, General Motors employee Haley Hrdlicka claimed the new “environment and leadership” were hostile and requested to be transferred back to her former position in the sculpting department. Her request was denied because her previous position had been eliminated.

Soon after, between May 2019 and August 2019, Hrdlicka began regularly arriving late or was absent. Explanations she gave included headaches, her daughter’s sickness, “a fever and other symptoms,” “a tough time,” “not feeling well,” and “a mental thing.” She was verbally counseled about her attendance, which was also cited in her mid-year performance review in July 2019.

In August 2019, Hrdlicka missed several “critical” workdays. She had “chief responsibility” over the summer-intern program and was absent during the interns’ formal presentations—the culmination of the program and determinative factor in job offers.

On August 14, HR gave Hrdlicka an “attendance letter” that advised her of leave options and warned that failure to correct her absenteeism could result in disciplinary action, up to and including employment termination. She was tardy without warning on the next two working days.