A federal court in Kansas has ruled than employee who was fired for his menacing behavior related to a failed office romance cannot claim that he was disabled under the ADA. After the employee slapped his former lover (resulting in an arrest on misdemeanor battery charges), and several threatening phone calls and letters to the woman, the employee was fired.
In rejecting the worker’s claim that he was discriminated against on the basis of a mental disability, the court concluded that, “People who become asily angered are commonplace. His low anger threshold is not a disability, nor does it merit consideration under the Americans with Disabilities Act.”
Let’s talk about CONDUCT and The Americans with Disabilities Act. The ADA does require employers to make “reasonable accommodations” for employees so that they can perform the essential duties. The ADA does not protect employees from the consequences of violating conduct requirements even where the conduct is caused by the disability.
The ADA generally gives employers wide latitude to develop and enforce conduct rules. The only requirement imposed by the ADA is that a conduct rule be job-related and consistent with business necessity. Certain conduct standards that exist in all workplaces and cover all types of jobs will always meet this standard, such as prohibitions against violence, threats of violence, stealing, or destruction of property. Similarly, employers may prohibit insubordination towards supervisors and managers and also require that employees show respect for, and deal appropriately with, clients and customers. Employers also may prohibit inappropriate behavior between coworkers (e.g., employees may not yell, curse, shove, or make obscene gestures at each other at work).
If you do not have a “code of conduct” policy in your handbook, it might be a good idea to include some language that outlines unacceptable conduct. Let me know if you would like a sample policy.
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