Listen to the article
3 minutes

This sound is generated automatically. Please let us know if you have any feedback.

Diving:

• An ex senior HR business partner for Genesys Cloud Services sued the company on Wednesday, alleging 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 of 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 contact her after asking for possible accommodations. She later filed a formal complaint against the manager while seeking a transfer to a new role, but the complaint was dismissed as unfounded.
• After securing a transfer, the plaintiff alleged that she asked her new manager for accommodations, including the ability to put her hand over her mouth, to be able to stand and take notes, and to take breaks. A Genesys legal advisor agreed to meet with her. However, on the day of the meeting, she claimed she was fired in retaliation for her complaint and accommodation requests.

Diving Perspective:

Employers in general can ask disability related questions or requires an employee to have a medical exam when it reasonably believes the employee’s performance problems are related to a medical condition, according to a question-and-answer document published by the ADA Action Network.

In plowmanplaintiff alleged that her manager noted her inability to work cooperatively on projects and advised other colleagues who shared projects with plaintiff that plaintiff “needs to focus on her day job.” When the plaintiff informed the manager of her disability, the manager allegedly replied that she was “unfamiliar with the issue and furthermore did not know how to manage an employee with ADHD.”

The claimant alleged that she felt her manager ridiculed and belittled her disability and subjected her to disparate treatment because of her disability. The manager’s comments about the plaintiff allegedly followed her as she searched for different roles as Genesys; she claimed she was not selected for a single position because she stood during a meeting and covered her mouth throughout the meeting, a behavior she attributed to her ADHD.

A spokesman 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 function—may face certain challenges at work, according to research. A 2023 survey by software company Alludo found that 51% of neurodivergent workers said they wanted to quit their jobs or they had already done so because they felt that their employers did not support and value them. Respondents said measures such as working from home, regular breaks and mental health and wellbeing days helped them feel they could succeed at work.