PNC Sued for Failing to Accommodate Ex-Employee’s ADHD and Bipolar Disorder

PNC Capital Markets, LLC is being sued by an ex-employee for refusing to accommodate her disabilities — bipolar disorder and ADHD. The case was brought in the Southern District of New York. 

Judy Shajan was hired by PNC February 1, 2016 as a capital markets assistant, according to the complaint. She claims she was an exemplary employee who received compliments on her work and got along well with co-workers.

On April 25, 2016, Shajan was hospitalized due to her bipolar disorder and ADHD and missed the next day of work, according to the complaint. When she reported for work on the 27th, she claims she informed her supervisor of her conditions and their cause for her absence.

On May 11, 2016, while at work, Shajan claims to have begun feeling ill, informed her supervisor, and went home. Once home, her mother called 911 and Sujan was taken to the hospital and admitted.

The next day, PNC sent Shajan a letter, stating, in part, “[b]ecause you have failed to report to work as scheduled . . . I must assume that you have chosen to resign from PNC.” Shajan’s mother responded by informing them that she was hospitalized due to her bipolar disorder and, on May 24, forwarded a letter to PNC from the hospital confirming the situation. She then requested a medical leave of absence to accommodate Shajan’s condition.

PNC approved the request for medical leave of absence to run until February 2, 2017, according to the complaint. In late October 2016, the hospital where Shajan was receiving outpatient care sent a letter to PNC clearing her to return to work on November 4, 2016.

When Shajan contacted PNC on November 2 to report her ability to return to work, PNC said it would give her 90 days to find a new position within PNC instead of reinstating her previous position. Shajan was unable to find another position within the time period given her and PNC terminated her employment.

Shajan argues that, but for the fact of her disability, PNC would not have terminated her employment. She seeks compensatory and punitive damages and is represented by Phillips & Associates of New York, New York.

Image Source: Eli Pousson (Flickr)