Poor Performance Not a Disability

According to the 11the US Circuit Court of Appeals, a former employee of the Animal Services Department for Miami-Dade County, Florida, failed to show she was terminated at the end of her 12-month probationary period due to her disability, rather than for poor performance. Several months after starting work, she developed a variety of symptoms, including migraines, dizziness, ringing in her ears, lightheadedness, difficulty swallowing and episodes of vomiting. She was diagnosed with a brain tumor, masses on her thyroid and an autoimmune disorder.

She was given an accommodation of flexible hours and occasional remote work, but her relationship with her co-workers started to decline at that time. She alleged they became less communicative and cooperative, and that she was excluded from meetings. The co-workers stated that she was forgetful, forcing them to “pick up her slack;” that she failed to submit receipts on time; and she made unprofessional comments. Ultimately, she was determined to have failed her probationary period and was let go. Her allegations of a hostile work environment based upon co-workers’ comments were taken to be their response to her lack of performance after remote work was approved.