Southeast ADA Center
2012
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For seven years, Plaintiff Strother Wolfe (“Wolfe”) worked as a mechanic for the Postal Service in Birmingham, Alabama. Wolfe has Attention Deficit Hyperactivity Disorder (ADHD), a condition that is mitigated through the use of prescription medication. Wolfe’s ADHD does not affect his day-to-day life unless he fails to take his medication as prescribed. During the course of his employment, Wolfe had seven disciplinary actions taken against him, largely because he was absent from his work area, or he had unscheduled absences.
In 2003, Wolfe was leaning back in a chair that subsequently broke as a result of this behavior. Wolfe’s supervisor suggested suspending Wolfe for seven days. In challenging this suspension Wolfe informed his supervisor of his ADHD. Due to USPS’ progressive discipline policy – which includes a letter of written warning, seven day suspension, a fourteen day suspension, and then termination – Wolfe was only given a written warning on this occasion. Nevertheless, Wolfe claims that his supervisors created a hostile work environment after he disclosed his ADHD.
On June 18, 2008, Wolfe received further progressive discipline after being absent from his work station eleven days prior. On September 24, 2008 Wolfe filed a complaint of discrimination, which specifically dealt with the notice of termination that he received for poor work performance on June 22, 2008. As a result of Union efforts, Wolfe returned to work with a “time served Suspension” and the complaint was closed on July 8, 2009 with a finding of no discrimination.
On March 25, 2009, Wolfe’s supervisors issued him a second notice of termination due to four unscheduled absences in a ninety-day period. Although he returned to work, Wolfe brought forth, among other things, a disability discrimination claim against his employer under the Rehabilitation Act. Wolfe argued his employer regarded him as being substantially limited in the major life activity of working. Wolfe alleged he was subjected to discriminatory disparate treatment for wrongful termination by his employer. That is, Wolfe argued that he was treated differently because of his disability than other employees who had the same number of unscheduled absences and who were not perceived as having a disability.
https://adasoutheast.org/court-decisions/wolfe-v-postmaster-general
Keywords: ADA Amendments Act, Americans with Disabilities Act, employment, enforcement, legal concepts, regarded as