Legal Question in Disability Law in Oregon

"Deppression is no excuse ?"

I have been off work for 3 weeks under the care of a physician and therapist, due to depression. Today, I went back to work, assuming from what my boss told me, would be my normal duties. When I arrived at work, I was confronted by my boss, and told that he was relieving me of my supervisor duties, because I wasn't reliable enough due to my being off work because of my illness.


Asked on 9/18/97, 6:22 pm

2 Answers from Attorneys

Richard Sly Richard Sly Attorney-at-law

Disability Discrimination

Whether your employer has violated the ADA will depend on how many employees it has, whether your depression impairs life activities other than those of work, whether you have requested accomodation,etc- call if you have questions

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Answered on 9/18/97, 9:23 pm
Harold M. Weiner Coles & Weiner, P.C.

Disability Discrimination.....back to work

First of all, be honest with yourself. When your doctor and therapist told you you could go back to work, did they expect you to "jump in" right at the point where you were so ill you had to leave? Or, if pressed, would your doctor and/or therapist like to say that you should be eased back into the work situation?

Of course you question, as do I, the motive for the boss saying what he or she said... HOWEVER, the boss has a responsibility to ALL the employees, as well as you. Would immediately returning you to your full supervisory powers be a risk to the company if in fact your depression made you less capable of adequately and correctly performing your former duties? Would you be better off not having a full load of work, supervisory work that is, until a little time has passed? These are not questions for lawyers. That is why you should consult your doctors first.

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Answered on 9/19/97, 7:48 am


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