Thursday, April 05, 2007

Violent Behavior Covered under ADA?

I just found this article about a recent case where an employee's violent behavior was excused under the ADA because of her bipolar disorder. The employee was irritable and moody towards her coworkers and because of this was asked to attend a meeting with her supervisor to discuss ways in which she could alter her behavior. During the meeting, she became outraged, yelled at the supervisor, slammed the door, and began throwing things around at her desk. As a result, she was fired from her job and she sued the company, saying that they should have accommodated her violent act because of her bipolar disorder. The courts agreed with her, based on a previous case where the employer was held to be in violation of the ADA in terminating an employee whose Obsessive Compulsive Disorder made it difficult for her to follow attendance and punctuality rules. After reading the article, how do you feel about this?
Clearly the article is opinion based, and clearly the author feels the court made the wrong decision; however, do you think that a violent act (assuming it does not put anyone in direct danger) should be covered by the ADA if an individual has a disorder which makes them prone to mood swings? I myself have mixed feelings, I understand the court's argument, but I feel that attendance problems because of a mental disorder are somewhat different than subjecting other employees at the company to the threat of working with someone who could potentially act violently. Do you agree with the author's point when he says that this decision could create a "slippery slope" where employers must accommodate other inappropriate actions simply because they are a symptom of a mental disorder?
I also am wondering why this employee was not taking one of the many available drugs that can treat the symptoms of bipolar disorder. But then again, if she had been, would she be considered as "disabled" by the courts?

2 Comments:

Blogger Lauren said...

At one time, those with mental illness were treated cruelly and shunned from society. In a way, it is a welcome change to see that this sector of society is being accepted and accomodated in the workforce. However, that said, it seems that the employee in this situation should have assumed the responsibility of properly self administering medication so as to avoid violent outbursts. If I was a coworker of this person, I would not want to have to worry about the violent outbursts that could possibly occur. It does not seem fair to the other employees to subject them to that. It reminds me of the woman with the button who made her coworkers feel uncomfortable. However, you do pose an interesting question when asking if medication would render the person non disabled. It would be interesting to see.

2:01 PM  
Blogger Nick Hursh said...

I somewhat agree with the court because of having some previous knowledge with how serious bipolar disorder can be. However, the employee should have tried to make attempts to reduce her outbreaks. This action would be a modification in order to improve her disorder, similar to the US Airways case where the glasses corrected the pilot's myopia. The court should have considered that the employee did not take any appropriate action to correct this disorder despite their being some good medications for controlling bipolar disorder.

6:02 PM  

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