HR specialist claims that the company fired her because she complained about her boss making fun of her disability

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Brief description of the dive:

Were senior HR business partner at Genesys Cloud Services sued the company on Wednesday, alleging violations of the Americans with Disabilities Act by firing her after she filed a discrimination complaint and requested an accommodation for attention deficit hyperactivity disorder.
Reason in Plowman v. Genesys Cloud Services, Inc. initially informed the manager of her ADHD diagnosis after the manager allegedly made “unwanted and completely false comments” about the plaintiff’s work. She claimed that the manager did not contact her after she requested a potential accommodation. She later filed a formal complaint against the manager, seeking a transfer to a new position, but the complaint was dismissed as unfounded.
After the transfer was secured, the plaintiff alleged that she asked her new manager for accommodations, including the ability to cover her mouth with her hand, the ability to stand and take notes, and to take breaks. Genesys’ legal counsel agreed to meet with her. However, on the day of the meeting, she maintained that she was fired in retaliation for her complaint and requests for accommodation.

Diving Insights:

Employers in general may ask questions related to disability or require an employee to undergo a medical examination if he or she reasonably believes that the employee’s performance problems are related to a medical condition, according to a question and answer document published by the ADA Action Network.

IN Tillerthe plaintiff alleged that her supervisor noticed her inability to work together on projects and recommended to other co-workers who shared projects with the plaintiff that the plaintiff “needed to focus on her day job.” When the plaintiff informed the manager of her disability, the manager allegedly responded that she was “unfamiliar with this issue and did not know how to deal with an employee with ADHD.”

The plaintiff alleged that she felt that her supervisor ridiculed and downplayed her disability and subjected her to different treatment because of her disability. The manager’s comments about the plaintiff allegedly followed her as she searched for various roles at Genesys; she claimed that she was not selected for one position because she stood during the meeting and covered her mouth throughout the meeting, which she attributed to her ADHD.

A Genesys spokesman did not immediately respond to a request for comment.

Neurodiverse workers – a group that includes people with ADHD and similar differences in brain function – according to research, may be associated with particular challenges in the workplace. A 2023 survey by software company Alludo found that 51% Neurodiverse workers have said they want to quit their jobs or they already did because they felt their employers did not support or value them. Respondents said activities such as working from home, regular breaks and mental health and wellbeing days helped them feel they could succeed at work.