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Personality conflict with supervisor doesn't equal disability, NC court finds

August 2020 employment law letter
Authors: 
Patricia Holliman, Womble Bond Dickinson (US) LLP

A North Carolina court recently addressed whether an employer must provide an accommodation to an employee who claimed working with his supervisor made him depressed or anxious under the Americans with Disabilities Act (ADA). In a decision employers are likely to welcome, the court affirmed the long-standing principle that to qualify as a disabled employee entitled to a reasonable accommodation, an individual must show more than just a simple personality clash with his supervisor.

Personality conflict arises

Harvey Smith worked for Charter Communications as a systems engineer II. During a meeting with his supervisor, he allegedly became upset, raised his voice, used profanity, and repeatedly yelled "fire me." The supervisor eventually asked him to leave the facility, but he continued yelling, packed up his belongings, and walked out. After an investigation of the incident, he alleged he "felt sick to [his] stomach" and was so disturbed that it triggered an adverse physical reaction, nearly causing him to run off the road on his way home.

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