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The respondent hired the complainant as a career trainee in January 1988. His primary job duties were to conduct field audits of certain taxpayers throughout the state, including but not limited to petroleum distributors and refiners, oil companies, and gas stations, and to prepare written evaluations and recommendations.

On March 24, 1998, the complainant returned from his medical leave and met with Helen Roy and Rosemary Cleary 7 to discuss his health, his personal problems with Mc Kellar, and Hameroffs recommendation that he work part-time for two months.

Thereafter, the parties filed post-hearing briefs and reply briefs, and the record closed on June 1, 2001. In December 1991, the complainant became an Interstate Revenue Examiner (still in the excise field unit), with an increased salary comparable to that of a Revenue Examiner-5. In 1992 or 1993, the complainant began to suffer from minor depression and sought treatment from Dr. After Hameroff placed the complainant on antidepressant medication, the complainants condition stabilized and he was able to continue to work. If the revenue examiner was traveling out of state, he would obtain this information upon his return to the office. Upon completion of the meetings with a taxpayer, a revenue examiner would return to the office to conclude the audit, which might require numerous telephone calls to the taxpayer, additional information from the taxpayer, and more research in DRS files or data bases. This incident exacerbated the complainants depression and his discomfort working with Mc Kellar.

All statutory and procedural prerequisites to the holding of the public hearing have been satisfied, and the complaint is properly before the human rights referee for decision. The respondent, the Department of Revenue Services, is a department within the executive branch of Connecticut state government. Before working for the respondent, the complainant obtained a B. degree in business and worked for eleven years in a large petroleum company in India. Saksena, 13; Mc Kellar, 106, 111) However, the complainant usually dealt directly with Mc Kellar and the two occasionally had a strained relationship. His duties were basically the same as those of his prior position, except that he audited mostly out-of-state taxpayers, which usually required two consecutive weeks away from the office each month.

R-9) This policy was disseminated by mail in May of each year, including 1997, to all DRS employees and posted permanently on bulletin boards located on each floor of the DRS building. Alling, 188-90, 206) According to the policy, an employee must initially make a written request to the respondents Affirmative Action Administrator or to Alling, and must support the request with, among other things, medical documentation.

Because they understood the complainants request to be for immediate and short-term action while he was on FMLA leave, they believed that there was insufficient time to investigate the pertinent issues and develop and implement an appropriate protocol, and they agreed that honoring the complainants request was infeasible. Alling, 190-91, 209-11) Thereafter, Alling rejected the request in a letter dated April 8, 1998. Therefore, [DRS] has no authority to approve such a request." (Ex. The collective bargaining agreement in effect at that time states, "Notwithstanding any provision of this Agreement to the contrary, the Employer will have the right and duty to take all actions necessary to comply with the provision [sic] of the Americans with Disabilities Act .

After Alling saw the April 1, 1998 letter from Berkley, she discussed the complainants request with chief of staff Joseph Mooney. R-10), the respondent had not developed its own policy. Although the Connecticut Department of Administrative Services ("DAS") had promulgated guidelines for state agencies that wanted to provide "telecommuting" opportunities to employees (Ex. On or about Thursday, March 26, 1998, the complainant called Roy to say that he would be absent from work that day because he had a bad headache. C-21) The complainant was also absent the following day, but he did not call the respondent. C-21) Thereafter, the complainant did not return to work. On March 30, 1998, the complainant was evaluated by a psychiatrist, Richard Berkley, who, among other things, placed him on stronger medication.

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