PMS Defense

A detailed Summary of PMS Defense

The question has been posed, "What characteristics of employees, other than those explicitly covered by the Americans with Disabilities Act, can employers consider when hiring, firing, or promoting employees?". This is a question that has become critical to answer, as ADA claims exceeded 91,000 in number between 1992 and 1997. Of these claims, the agency discovered reasonable cause to believe that discrimination occurred in only 3.1% of the cases.

Many of these claims were built on seemingly weak foundations. Actual cases of discrimination have been brought (and denied) on claims of disability due to myopia, body odor, infertility, and "anxiety brought on by admonishment from a supervisor."

Considering the costs of defending oneself against a claim, how likely are firms to capitulate to the specter of impropriety? Put another way, even if a firm believes that a candidate for hiring or promotion is not qualified for advancement, is the possibility of the candidate raising issue under the ADA enough to scare the company into selecting them? This question becomes even more convoluted when the malady in question is a legitimately recognized disability, but is itself an offshoot of some other syndrome.

The underlying biology of PMS gives credence to claims of it as a disability. While there are some "corrective steps" women can take to mitigate the effects of PMS (such as a well balanced diet or vitamin supplements or other medical intervention), there is little to nothing that can be done to do away with PMS altogether. PMS is caused by a drop in progesterone levels or an increase in estrogen levels at a relatively predictable period during a woman's menstrual cycle.

The primary responsibility of a retail establishment, such as a restaurant or hotel, is customer service. The fundamental requirement of customer service is pleasant human interaction. In order for an individual to represent a company well, employees must maintain a professional demeanor throughout their dealings with the customer. If a woman suffering from PMS is more likely to be impatient or hostile with a customer, does an employer have the right to consider that? In this environment where the most basic duty of the job requires interaction, moving the employee to a "back-office" job might be considered onerous and unreasonable. There may not be a back office job available that fits the particular skill set of the woman in question.

To illustrate the difficulty of this si

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Approximate Word count = 851
Approximate Pages = 3 (250 words per page double spaced)

Category: Politics

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