1993 memorandum elucidating

By the end of March, the complainants supervisors were aware that the complainant was suffering from some sort of mental disorder. The respondent has a written policy explaining how an employee should request accommodation for a disability.

R-9) This policy was disseminated by mail in May of each year, including 1997, to all DRS employees and posted permanently on bulletin boards located on each floor of the DRS building. Alling, 188-90, 206) According to the policy, an employee must initially make a written request to the respondents Affirmative Action Administrator or to Alling, and must support the request with, among other things, medical documentation.

R-12).) As indicated in the document, the complainant suffered from conditions identified simply as "296.23" and "300.02." These numbers refer to mental disorders described in the American Psychiatric Associations .

On or about April 15, 1998, Berkley prepared (and eventually mailed to the respondent) a medical certificate documenting the complainants condition as observed in his March 30 evaluation. R-12) (Based on the date-stamp on the document, the respondent apparently received this on or about May 4, 1998 (Ex.

Because they understood the complainants request to be for immediate and short-term action while he was on FMLA leave, they believed that there was insufficient time to investigate the pertinent issues and develop and implement an appropriate protocol, and they agreed that honoring the complainants request was infeasible. Alling, 190-91, 209-11) Thereafter, Alling rejected the request in a letter dated April 8, 1998. Therefore, [DRS] has no authority to approve such a request." (Ex. The collective bargaining agreement in effect at that time states, "Notwithstanding any provision of this Agreement to the contrary, the Employer will have the right and duty to take all actions necessary to comply with the provision [sic] of the Americans with Disabilities Act .

The complainant did not submit his request to work at home in writing. Both Alling and Mooney recognized that numerous issues would come into play (e.g., file confidentiality and security, supervision, workers compensation, travel reimbursement, lack of a telecommuting policy, precedent-setting, and union contractual issues), but they did not consider in depth these issues or resolution thereof. C-13) According to Allings letter, "There is no provision in the A&R bargaining unit contract for telecommuting.

All statutory and procedural prerequisites to the holding of the public hearing have been satisfied, and the complaint is properly before the human rights referee for decision. The respondent, the Department of Revenue Services, is a department within the executive branch of Connecticut state government. Before working for the respondent, the complainant obtained a B. degree in business and worked for eleven years in a large petroleum company in India. Saksena, 13; Mc Kellar, 106, 111) However, the complainant usually dealt directly with Mc Kellar and the two occasionally had a strained relationship. His duties were basically the same as those of his prior position, except that he audited mostly out-of-state taxpayers, which usually required two consecutive weeks away from the office each month.

Upon immigrating to the United States, he was employed by Connecticut Natural Gas for several months while he pursued (but did not complete) a Masters Degree in taxation. While the complainant was a Revenue Examiner-1 (as well as in his subsequent positions), his immediate supervisor was Edward Lyons, a Revenue Examiner-4. Saksena, 13; Lyons, 235) Lyons, in turn, reported to William Mc Kellar, a tax unit manager for the excise field unit.

1993 memorandum elucidating-11

Thereafter, the parties filed post-hearing briefs and reply briefs, and the record closed on June 1, 2001. In December 1991, the complainant became an Interstate Revenue Examiner (still in the excise field unit), with an increased salary comparable to that of a Revenue Examiner-5. In 1992 or 1993, the complainant began to suffer from minor depression and sought treatment from Dr. After Hameroff placed the complainant on antidepressant medication, the complainants condition stabilized and he was able to continue to work. If the revenue examiner was traveling out of state, he would obtain this information upon his return to the office. Upon completion of the meetings with a taxpayer, a revenue examiner would return to the office to conclude the audit, which might require numerous telephone calls to the taxpayer, additional information from the taxpayer, and more research in DRS files or data bases. This incident exacerbated the complainants depression and his discomfort working with Mc Kellar.

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After his request to perform work at home was denied in writing, the complainant decided to resign and submitted a letter of resignation to the respondent on or about April 16, 1998, effective at the end of that month. 319, 339-44) The diagnostic 300.02 refers to generalized anxiety disorder that is characterized by at least six months of persistent and excessive anxiety and worry. Sometime that month, he informed the respondent by telephone that he would like to rescind his resignation and return to work as a Revenue Examiner-2. An employee rescinding his resignation in a timely fashion was (and is) eligible to have his name placed on a re-employment list for positions in which he had attained permanent status.

According to DSM-IV, the first three digits, 296, comprise a diagnostic code for major depressive disorders; the fourth digit, 2, refers to a single episode; and the fifth digit, 3, indicates "severe, [but] without psychotic features." (DSM-IV, pp. With the use of medication, the complainants condition stabilized by June 1998. C-17; see General Statutes 5-248(f)) At the time of his resignation, the complainant had attained permanent status as a Career Trainee, a Revenue Examiner-1, and an Interstate Revenue Examiner. C-17) He had not attained permanent status as a Revenue Examiner-2 because he had not completed the four-month working test period required under the collective bargaining agreement.

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