Is OCD a protected disability under the ADA?
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We have an employee with OCD. His attendance has been terrible. On occasion he will bring in a doctor's note, especially if he's out for 3 or more days. We have 42 employees and do not offer sick days. We offer personal days that must be pre-approved. Does anyone know if this person with OCD is protected under the ADA? His attendance is effecting our production. I have a call into the EEOC but they haven't returned my call. Our production manager wants to give him a written warning but we aren't sure if we should. Please help.
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Susan Fentin
Associate Editor
Massachusetts Employment Law Letter
Skoler Abbott and Presser, PC
(413) 737-4753 [email]sfentin@skoler-abbott.com[/email]