The U.S. Ninth Circuit Court of Appeals, which covers California, has released a controversial new opinion suggesting that the Americans with Disabilities Act protects misconduct stemming from a disability as part and parcel of the disability itself.
The case involved Stephanie Gambini, an employee of Total Renal Care, Inc, who suffered from bipolar disorder. Gambini was terminated following a violent and profane outburst during a performance meeting. Several co-workers had complained that they were afraid of Gambini following the incident. Gambini sued, claiming that the discharge violated Washington State disability bias law. The employer argued that it had a right to terminate her for the misconduct, disability or no disability.
The Ninth Circuit ruled that the state law protected not only the disability, but also manifestations of the disability. Thus, said the Ninth Circuit, the jury in the case should have been instructed that “if it found that her conduct at issue was caused by or was part of her disability, then [the jury] could find that one of the substantial reasons she was fired was her bi-polar condition.”
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In reaching this conclusion, the court relied on a previous Ninth Circuit decision concerning the Americans with Disabilities Act. There, the court ruled that an employer violated the ADA when it terminated an employee whose mental disability interfered with her ability to comply with attendance requirements.
Even though this new case was decided under Washington state law, the Ninth Circuit’s opinion sends a disturbing message that it would interpret the ADA similarly. It is important to note, however, that the conclusion in this case that misconduct is protected is contrary to the position the EEOC has taken in ADA guidance issued by the agency.
We’ll have more on this development in an upcoming issue of the California Employer Advisor.
Additional Resources:
U.S. Equal Employment Opportunity Commission Reasonable Accommodation guidance