Dive Brief:
- A former senior HR business partner for Genesys Cloud Services sued the company Wednesday, alleging that it violated the Americans with Disabilities Act when it fired her after she filed a discrimination complaint and requested accommodations for her attention-deficit hyperactivity disorder.
- The plaintiff in Plowman v. Genesys Cloud Services, Inc. initially informed a manager about her ADHD diagnosis after the manager allegedly made “unsolicited and completely false remarks” about the plaintiff’s work. She claimed that the manager did not follow up with her after she asked for potential accommodations. She later filed a formal complaint against the manager while seeking a transfer to a new role, but the complaint was dismissed as unsubstantiated.
- After securing a transfer, the plaintiff claimed that she asked her new manager for accommodations including being able to put her hand over her mouth, being able to stand and take notes, and take breaks. A Genesys legal counsel agreed to meet with her. On the meeting day, however, she alleged she was fired in retaliation for her complaint and accommodation requests.
Dive Insight:
Employers generally may ask disability-related questions or require an employee to have a medical examination when they reasonably believe that the employee’s performance problems are related to a medical condition, according to a Q&A document published by the ADA Action Network.
In Plowman, the plaintiff claimed that her manager had remarked on her inability to work cooperatively on projects and had recommended to other colleagues who shared projects with the plaintiff that the plaintiff “needed to focus on her day job.” When the plaintiff informed the manager about her disability, the manager allegedly responded that “she was unfamiliar with that issue, and additionally, that she did not know how to manage an employee with ADHD.”
The plaintiff alleged that she felt her manager was ridiculing and belittling her disability and was subjecting her to disparate treatment because of her disability. The manager’s comments about the plaintiff allegedly followed her as she sought different roles as Genesys; she claimed she was not selected for one position because she stood during a meeting and covered her mouth for the duration of the meeting, a behavior she attributed to her ADHD.
A spokesperson for Genesys did not immediately respond to a request for comment.
Neurodivergent workers — a group that includes people who have ADHD and similar differences in brain functioning — may face particular workplace challenges, according to research. A 2023 survey by software company Alludo found that 51% of neurodivergent workers said they wanted to quit their jobs or already had done so because they felt their employers didn’t support or value them. Respondents said measures such as working from home, regular breaks and mental health and wellness days helped them feel they could succeed at work.
