Inability to Work With a Particular Supervisor is Not a Disability

Generally, an employee who suffers from anxiety / stress depression as a result of working for a particular supervisor is not entitled to having a different manager as a reasonable accommodation to that disability. This is because inability to work with a specific supervisor is not a disability and does not require accommodation. See Byrnes v Lockheed-Martin (N.D. Cal. 2005).

Courts have routinely found claims of “selective disability” based on a desire not to work for certain people inadequate to demonstrate a limitation on the ability to work. Lancaster v County of Yolo (E.D. Cal. 2007). A disability is a part of someone and goes with her to her next job. A personality conflict, on the other hand, is specific to that individual. Palmer v Circuit Court, Social Serv. Dep’t. (N.D. ILL. 1995). The major life activity of working is not “substantially limited” if a plaintiff merely cannot work under a certain supervisor because of anxiety and stress related issues,  such as unfavorable review of job performance. Weiler v Household Finance Corp (1996). Claimant must allege that the particular disability limited a major life activity. Sandell v Taylor-Listug, Inc. (2010).