Walsh

Walsh v. Nevada Department of Human Resources

Good Law
United States Court of Appeals for the Ninth CircuitDecember 18, 200604-17440California2,148 words

Opinion

Opinion

FACTS

Walsh began working for the Nevada Department of Human Resources (“Department”) in February 2001. Several years before her employment, Walsh was diagnosed with obsessive-compulsive disorder (“OCD”), an anxiety disorder. For two years, she made no request for special accommoda- tion and received “solid” performance reviews.

In March 2003, Walsh began working directly for program specialist Jeri Bennett. Under Bennett’s supervision, Walsh experienced increased anxiety and depression, as well as a return of ritualistic behaviors such as counting and checking. On April 16, Walsh and Bennett had an altercation that resulted in an investigation by Bennett’s supervisor, Social Services Chief Tina Gerber-Winn. On April 21, 2003, Walsh wrote a memo informing Gerber-Winn of her OCD. She asked to report to a different supervisor, and to be “placed in a quiet atmosphere, away from traffic areas.” On April 24, Gerber-Winn issued Walsh a written reprimand for her “re- fusal to comply with a reasonable and proper order or instruc- tion from supervisor” during the April 16 altercation with Bennett.

On April 29, Walsh obtained a note from her physician stating that she was under his care…

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