A series of Ninth Circuit opinions have held that “conduct resulting from a disability is considered part of the disability, rather than a separate basis for termination.” Gambini v. Total Renal Care, Inc. (9th Cir. 2007) 486 F.3d 1087, 1093; Dark v. Curry County (9th Cir. 2006) 451 F.3d 1078, 1084; Humphrey v. Memorial Hospital Assn. (9th Cir. 2001)239 F. 3d 1128, 1139).
For instance, if an employee has a mental disability (i.e., depression, anxiety, bipolar), and assuming the employer is on notice of the employee’s mental disability, any work-related misconduct caused by the employee’s mental disability cannot be used against the employee. The Gambini court held that the jury was entitled to infer reasonably that the employee’s “violent outburst” on one particular occasion was a consequence of the employee’s bipolar disorder, which the law protects as part and parcel of [the] disability.” Id. at 1094. The court continued, “if the law fails to protect the manifestation of [the employee’s] disability, there is no real protection in the law because it would protect the disabled in name only. Id. at 1095.
If you feel that you are being discriminated against because of a disability-based misconduct, contact the Mostafavi Law Group for a free consultation to determine if you have a claim against your employer.