Applying Washington state disability-rights law, the Ninth Circuit has ruled that an employee’s “violent and profane” outburst to supervisors may be a protected manifestation of her bipolar disorder and thus not grounds for termination. Although the court cautioned that not all disability-induced misconduct should be seen as protected, it ruled that the law protects “manifestations” of a mental or physical disability just as it protects the disability itself (Gambini v. Total Renal Care, opinion in PDF format; HR.BLR.com, Jun. 11; Workplace Law Prof, Jun. 15). For more on the Ninth Circuit and disabled-rights law, including some misconduct cases, see Oct. 7 and Oct. 14, 2003; Oct. 12 and Dec. 6, 2006, Mar. 23, 2007. For a contrasting Massachusetts case, see Jun. 28, 2006.
“Violent and profane” workplace outburst protected
Applying Washington state disability-rights law, the Ninth Circuit has ruled that an employee’s “violent and profane” outburst to supervisors may be a protected manifestation of her bipolar disorder and thus not grounds for termination. Although the court cautioned that not all disability-induced misconduct should be seen as protected, it ruled that the law protects “manifestations” […]
4 Comments
The Kleptomaniacs of the world thank you, o Mighty 9th.
So if my bipolar employee makes an angry and profane outburst against an important client, causing the client to do business elsewhere, I can’t fire the employee?
Or can I sue the client for disability discrimination?
What if the profanity causes a hostile environment for other employees?
Employment discrimination laws, especially in the area of disability, are deeply pernicious and burdensome. This case is emblematic of the entire field, which is marked by frivolous lawsuits of all types. In my approx. 8 years of practicing mostly employment law, I can count the number of meritorious suits I’ve seen on one hand.