Supervisor-Related Stress Was Not a Covered Disability

An employee's inability to work under a particular supervisor because of anxiety and stress related to the supervisor's standard oversight of the employee's job performance did not constitute a disability under California's Fair Employment and Housing Act (FEHA), a California appellate court ruled.

The employee was hired by the employer in 1996. He claimed that he began having problems at work after he was assigned to a new supervisor in 2006. In October 2007, he experienced chest pains, sought medical treatment and took a three-month leave of absence. He returned to work in January 2008 and requested a transfer to a different department, but the request was denied. He took a second leave of absence in late May 2008 due to workplace stress.

The employee's doctor noted that the employee suffered from job-related stress and anxiety, which resulted in the employee being unable to work. The employee applied for short-term disability benefits, which were denied by the employer because the medical documentation did not support an ongoing severity of impairment or significant limitation in functioning.

The employee then went on an unpaid leave of absence. Such discretionary unpaid leave was intended to be short term. The employee refused to return from leave after nine months, and the employer fired him. The employee had submitted a note from his doctor saying that he was capable of performing the duties of his job but should be transferred to another position because of stress resulting from working with his supervisor.

The employee sued the employer, alleging disability discrimination. The trial court dismissed the action before trial, ruling that the employee could not go forward with his case under FEHA because his claimed disability—stress associated with or caused by his supervisor—does not qualify as a disability under California law. The employee appealed, and the appellate court affirmed.

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Working is considered a "major life activity" under FEHA, but this activity is not "substantially limited" if a plaintiff merely cannot work under a certain supervisor because of anxiety and stress related to performance reviews, the court said.

The court noted that the undisputed facts showed that the disability the employee alleged was his personal reaction to his supervisor's oversight and management style, which made him unable to work under the supervision of that particular person.

The employee admitted to being "ready, willing and able to perform the essential functions of his position" if he were transferred to another department.

The employee argued that he was physically disabled because his physicians had placed him on permanent disability, and he was unable to perform the essential functions of his current job. But the court said the doctor's diagnosis of work-related stress did not by itself render the plaintiff disabled under FEHA. Nor was the doctor's recommendation that the employee be accommodated with an alternative worksite or alternative supervisor evidence of a disabling condition that limited his ability to work.

The appellate court affirmed the trial court's dismissal of the lawsuit.

Morgan v. AT&T Communications of Cal., Calif. Ct. App., No. H044994 (Sept. 25, 2020).

Professional Pointer: Employers are not required to grant an employee's request to transfer to a different supervisor as a disability accommodation, even if the employee submits medical documentation that working under a current supervisor causes him or her stress.

Joanne Deschenaux, J.D., is a freelance writer in Annapolis, Md.