Bultemeyer was a custodian for the Fort Wayne Community Schools (FWCS), but he developed serious mental illnesses,
Question:
Bultemeyer was a custodian for the Fort Wayne Community Schools (FWCS), but he developed serious mental illnesses, including bipolar disorder, anxiety attacks, and paranoid schizophrenia.
Bultemeyer went on disability leave for several months while undergoing treatment for his condition.
He was then contacted by the employee relations director of FWCS to see if he was ready to return to work. When he answered that he was, she told him that there was an open position at Northrop School, the largest of the schools operated by FWCS. She told him that in order to begin working again, he would have to take a physical examination that was required of all employees returning from disability leave. She then informed him that he would not receive any special accommodations. He was directed to work at Northrop, and told that if he did not, his employment would be terminated. Bultemeyer reported as directed, but after touring Northrop School with the custodial foreman, he told the employee relations director that he could not work at Northrop; however, he also told her that he was not resigning. Bultemeyer was also afraid to take the physical exam, because he thought that if he passed, he would have to work at Northrop, and if he worked there, he would be unable to perform his tasks and would get fired. So Bultemeyer did not take the physical, and he did not report for work as directed. He did contact his psychiatrist, who wrote a letter to FWCS stating that it would be in Bultemeyer’s best interest to return to a school that might be less stressful than Northrop School. In response, FWCS notified him that his employment with FWCS was terminated because he had not reported for work and had not taken the physical.
Bultemeyer filed suit against FWCS, alleging that FWCS had violated the ADA by failing to make reasonable accommodations for his mental disability.
Has FWCS violated the ADA? Explain. See Bultemeyer v. Fort Wayne Community Schools [100 F.3d 1281 (7th Cir. 1996)].
Step by Step Answer:
Employment And Labor Law
ISBN: 9781439037270
7th Edition
Authors: Patrick J. Cihon , James Ottavio Castagnera