"Violent and Profane" Workplace Outburst Protected

From Overlawyered

                                                    

      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.

                           

      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.

                           

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