Surprise! Diagnosis doesn't always equal disability

If an employee discloses a medical condition or diagnosis, you should assume she is disabled, right? Wrong. Although a condition or diagnosis could constitute a disability under state law, a new Missouri Court of Appeals decision shows a fact-specific inquiry is required to determine whether the condition substantially limits a major life activity. Read on to learn how Missouri's courts analyze the issue.

Facts

From 2006 to 2014, the employee served as a senior accountant for a healthcare system. In 2008, she was diagnosed with mild persistent asthma. Her doctor noted the asthma might cause her to be tardy or absent from work up to six times a year.

Between 2009 and 2014, the employee took some Family and Medical Leave Act (FMLA) leave because of her asthma. She also had two poor performance reviews for attendance issues and failing to cooperate with her coworkers.

In January 2014, the employee missed two days of work and was late the other days of the week. There were winter weather events that week, and she didn't immediately report to her employer that her asthma was the reason for her absences or tardiness.

The next week, the employee was placed on a performance improvement plan (PIP) for excessive tardiness and poor customer service. She claimed the asthma constituted a disability, but her supervisor stated she didn't care about the disability, noting the employee ran marathons.