Tough Bosses and the ADA
by Frank L. Kollman

How many of us have worked for unreasonable or tyrannical bosses? You know the type: "I don't get ulcers; I give them."

A federal trial court has ruled that while the depression caused by such a boss may be a disability under the ADA (Americans With Disabilities Act), it is not reasonable to expect the employer to transfer the employee to accommodate the disability. In other words, employees cannot insist on transfer from their supervisor if contact with the supervisor is somehow causing them a mental disability, such as depression.

Of course, depending on the type of "abuse" heaped on employees, there may be another cause of action. Sexual and racial harassment can result in lawsuits under the Civil Rights Act, and at least in Texas, (see article on abusive supervisors), such supervisors can be sued for intentional infliction of emotional distress. At least for now, however, tough supervisors are permissible under the ADA.

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