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 PMS Defense
Pre-menstrual syndrome (PMS) affects nearly all women at some point during their reproductive years.Fifty percent of women suffer from PMS regularly throughout their lives, and as many as 10% of women seek medical help to alleviate the symptoms of PMS.While the question of whether or not PMS is disabling is a contestable topic, the symptoms of PMS are widely accepted as having a debilitating effect on one's life functions.These symptoms range from headaches and insomnia to irritability and fatigue and their negative affect on one's ability to work at peak performance seems to be a reasonable inference.
You will have to search under many rocks to find a company that will disc…

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