Disability Discrimination

It is human nature to hate individuals that are different than normal. Every person has a different insight of standard and when someone steps over that boundary it results in discrimination. In December 2013, an employee is caught sleeping on the job by two of his supervisors. The employee claims it was due to his disability of anxiety attacks. The supervisor claims, they were never informed of this person disability. There are different types of disabilities hearing disabilities, learning/cognitive disabilities, motor disabilities, mental health conditions and visual disabilities. In this case, did the employee have the right to sue the company? Where the supervisors correct in firing the employee for sleeping on the job?

“In December 2013, shift manager Jesse Stewart (Paxton’s direct supervisor) and senior manager Tim James (two supervisor levels above Paxton) were summoned to the employee break room, where they found Paolino reclining in a chair (Jodi R. Bohr).” The employee Paolino was sleeping in the chair, when the two-supervisors walked in the break room. They tried to get his attention, but after a few times he woke up. The managers sent the employee home for the rest of the day. Later in the day, Paolino emailed his supervisor “Later that day, Paolino e-mailed James and Stewart about the incident. He apologized for falling asleep (Jodi R. Bohr).” The next work day, the Paolino showed up for work. The supervisors gave him termination papers.

The employee did not have grounds to sue the company. In the court papers “US Airways hired Jonathan Paolino in April 2013. At a preemployment drug screen, he disclosed that he was taking medication for a general anxiety disorder. He later told his immediate supervisor, Michelle Paxton, about the medication (Jodi R. Bohr).” He had one panic attack during the of 2013. The immediate supervisor should have informed the supervisor above his level of the employee medication. Since, the two supervisors were unaware of his medication and disability. The employee lost the law suit, because he should have given a written doctors statement to protect himself and he should have never sent the email, which proved he was guilty. The bosses could have given him a written verbal warning, but if it’s in policy of zero tolerance, then they are not obligated. “For years, courts have often ruled that employees cannot use last-minute declarations of disabilities to protect themselves from the potential consequences of their actions or avoid getting fired (Ryan N. Parsons).”

In the case of Mr. Paolino, the employee should have taken exact precaution to stay up on the job. The employee could have turn in legal documentation from a certified physician about his medication and disabilities. The employer supervisors could have given the employee a second chance, verbal warning, or 30-day probation period. In this case the employee was at fault, because he failed to stay up on the job. He tried to use his disability to save his job, which the two supervisor who caught him sleeping was not aware of his disability.