Theresa Spangler Case

Introduction

Theresa Spangler started working for the Federal Home Loan Bank of Des Moines in 1982. The department she was part of was the Demand Services Department. Theresa experiences different forms of dysthymia. This form of dysthymia is considered a method of depression, with the depression, also came followed phobias and long stints of increased dejection. Spangler was diagnosed with the metal sickness in the year 1993. After being diagnosed by her doctor with said illness, Spangler took a six-week leave to gain external treatment. In 1997 Spangler was once again diagnosed with the same mental illness (Bennett, 2009). After began diagnosed again Theresa relay information to her supervisor about the leave of absence to gain control of her depression. At the same time she also told fellow members of staff and other supervisors about her depression (Bennett, 2009_.

The Federal Home Loan Bank of Des Moines attendance program permitted administrators to vindicate infrequent nonattendances attributed to sickness or injury contingent on the conditions and or the employee's past attendance history with the organization. The Federal Home Loan Bank of Des Moines has additional policies in place to deal with individuals who have unwarranted absenteeism over counseling, warnings, and with termination being the last process if imperative. Staff members had to schedule time off for personal issues and or medical engagements prior to taking off (Bennet, 2009). The organization put in place the FMLA policy-necessitating personnel to request a leave absence for 30 days in advance or, if the leave of absence wasn't foreseeable, the employee was required to stipulate as much notification as was feasible. The FMLA policies was accessible to all members of staff via several different channels, such channels was posting in the break room and posting on the back portion the time cards (Bennet,2009).

Analysis

The Plaintiff claims that the termination of her current employment violated her civil rights underneath the Americans with Disabilities Act, but also violated the Family and Medical Leave Act. The district courts granted a precipitated judgment in support of the Bank based on both claims (ADA and FMLA). In retrospect the courts reverse the FMLA claim (Bennett, 2009).

The ADA prohibits organizations from discriminating against individuals who qualify for the position with a disability, due to the disabilities at hand. Under the ADA there are three sections that the plaintiff has to prove under the act to show discrimination. First the plaintiff must establish that ones condition qualifies as a disability in part of the ADA guidelines, second one must be able to perform his or her functions with or without accommodation, lastly he or she has had an adverse effect base on his or her disability (ADA, 1990). Based on FMLA guidelines, an employee who is