Employer Not Guilty of Disability Discrimination Even When Reasons for Termination Are Linked to Disability

The California Court of Appeal ruled for the employer in a recent case where an employee was disciplined for misconduct that was caused by her disability. Wills v. Superior Court of Orange County, (Super Ct. No. 30-2008-00114482).

Linda Wills was diagnosed with bipolar disorder in 1997 and began working for the Orange County Superior Court in 1999. Although she took several medical leaves of absence to treat her bipolar disorder, neither she nor her doctor divulged to the court the specific reason for her leave.

In July 2007, Wills was assigned to the Anaheim Police Department’s (APD) lockup facility. Shortly thereafter, Wills became frustrated while waiting to enter the facility, and swore at two APD employees, accusing them of intentionally leaving her outside in the summer heat and stating that she was adding them to her “Kill Bill” list for leaving her outside. Both employees felt threatened by the comments. Wills characterized her comment as “a joke.” Though Wills was unaware of it at the time, her behavior occurred during the early stages of a severe manic episode stemming from her bipolar disorder. Shortly thereafter, she was placed on a medical leave of absence. While on leave, Wills continued to behave inappropriately and act erratically by sending inflammatory videos and emails to coworkers.

Several weeks after taking medical leave, Wills was cleared to return to work without restrictions. However, the day of her scheduled return Wills was placed on paid administrative leave while complaints about her behavior were investigated. During the investigation, Wills provided a doctor’s letter explaining that her bipolar disorder caused the behavior in question.

At the conclusion of the investigation, Wills was discharged for making threats to APD personnel, threatening and inappropriate communications with coworkers, misusing court resources, and exercising poor judgment.  Wills sued for disability discrimination under the California Fair Employment and Housing Act (FEHA).

The trial court granted summary judgment against Wills, finding that her misconduct provided a legitimate, nondiscriminatory basis to discharge her. The Court of Appeal acknowledged there was no dispute that bipolar disorder caused the behavior cited in Wills’ termination notice, and that her employer knew of the disability before deciding to terminate her. The primary issue on appeal was how the FEHA treats disability-caused misconduct.

The court rejected plaintiff’s argument and Ninth Circuit authority on equating disability-caused misconduct with the disability itself. The court reasoned that an employer can distinguish between a disability and misconduct caused by the disability when the disability is alcoholism or drug use. The court further explained that threats or violence in the workplace stemming from a disability present a unique situation where the employer is placed on a “razor’s edge” – in jeopardy of violating the law if it took adverse action against the employee, yet in jeopardy of being negligent if it retained an employee who later caused harm to a coworker.  The Wills case underscores the caution employers must take when navigating this sensitive territory.