Saturday, February 23, 2008


Flat According to BBC News, via Andrew Scott-Howman's Life at Work, an employee at Leeds  Metropolitan University suffering from severe irritable bowel syndrome brought claims of disability, racial discrimination, and constructive dismissal:

The tribunal heard one of the woman's colleagues had said the office window had to be opened because of the smell and "we shouldn't have to put up with it".

The woman said she had been subjected to fellow workers making sniffing noises and bowel jokes when she was in earshot.

She complained about being harassed, but disciplinary proceedings were started against her because concerns had been raised about the quality of her work and increased sickness absences, the tribunal was told.

The tribunal panel dismissed all her claims.

What would be the outcome if such a claim were brought in the U.S.?  I suspect the disability claim would turn on whether the employee could show that her condition affected a major life activity.


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