Discrimination

Disciplined For Acting Crazy? Diabiliity Discrimination?


Wills tried to argue that federal court decisions from the 9th Circuit held that “Conduct resulting from a disability is considered to be part of the disability, rather than a separate basis for termination.” However, the Court found that disability-caused misconduct, involving threats or violence against coworkers, belongs in a special category, and that such disability-caused threat and/or violence must be dealt with strictly, because the Americans With Disabilities Act does not require “that employers countenance dangerous misconduct, even if that misconduct is a result of the disability.”

Stray Remarks Doctrine


Negative comments, such as a supervisor or co-worker referring to an employee as “old and washed up” do not amount to harassment, unless they are more severe, and frequent at work. Sometimes, these kind of remarks are called by lawyers for defendants “stray remarks.” While stray remarks alone may not rise to the necessary level of discrimination in all cases, disparaging comments by co-workers or supervisors are useful in demonstrating whether the company has an intent to discriminate against you.