jack stanfield was a whistle blower and a complainer accused some naval shipyard he made numerous complaints about safety violations he was very same looks to me like they fired him because he basically didn't come to work regularly for two years he what am i missing here i mean that what's really there i understand why that little of just really that but for two years they allowed that very accommodation without any question whatsoever it was allowed he took the lead time off without pay it didn't cost the navy time when he took time off without pay he was making complaints about safety that we should just pay taxes for the government to employ people don't come to work for two years doesn't cost me anything when he doesn't come to work there is no tax paid because he doesn't get paid when he's on leave without pay status however he did request accommodation he requested it repeatedly and the one issue that i think is most important before this court is the fact that the future senate will ship you're never met and engaged and enter active process with him to consider his requested accommodations or what other combinations might be available because he also requested potential life i would also say that we believe there was substantial retaliation and the retaliation was based on his having gone forward and notified ocean when an employee was killed because they didn't follow her to see what  suffering so much stress that he ended up being hospitalized that he was away from work that's not the only thing you can feel that way about your boss really hit your boss's guts and it can cause a stomach problem but it's not a disability because if you work for a nice person you wouldn't have that but it is a disability when they want to accommodate you and you've requested the accommodation including the possibilities of transfer with which we're never looked at this court he said it's nice in two thousand and no no it is if you don't give to be accommodated unless you have a disability and for it to be a disability it's just too perfect to meet your wife activity not just performance of the particular job but did it affect a major life activity he numerous ones  out to the court vincent versus thomas which is reported to eighty eight and third eleven forty five a two thousand and one case or two thousand and two case from the circuit that talked about the duty of the employer to enter into interactive communication with the employer needs to see whether or not accommodation could be provided something that was never done in this case ever but following up on what the crime  all right based on that then one of the things i would point out to you is that in fact he was disabled that he didn't and couldn't work that he ended up even being hospitalized because of the stressors  it put her into the hospital or put her under medical care that she had made or check literally physically and the seventh circuit said the major life activity of working is not  if a plaintiff merely cannot work under a certain supervisor because of a society and stress related to his review of her job performance are you saying the seventh circuit is wrong and we should go a different way or are you saying that your person at the time had a disability and even even though it appears to have just been caused by the nature of the job and supervisor personally i'd like to would be available and that they never told him how to show why do they have he had a major life problem when it when they have to do anything for him if he's not disabled under the americans with disabilit when a person has indicated they have a disability or they have a perceived disability and they've asked for accommodation to be able to work around the difficulties or have high believe that the proper course is for them to designed to exclude federal employees who are truly disabled to enable them to continue working to be productively employed it was never meant to enable him an employee to avoid working