Can an employer reasonably infer that an employee is suffering from a mental illness that substantially limits his ability to work?

Holihan involved both an actual and a perceived disability claim. In that case, the employer met with the employee to discuss aberrational behavior on two occasions. (Holihan v. Lucky Stores, Inc., supra, 87 F.3d at p. 366.) In addition, the employer had reports diagnosing the employee with depression, anxiety, and stress. The court concluded that a reasonable jury could infer the employer perceived that the employee suffered from a disabling mental condition that substantially limited his ability to work. (Ibid.) It reversed the grant of summary judgment.

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