Disability Law Doesn’t Protect Employee Calling Coworkers B*****s The Job Judge

"I'll be the judge of that!"

Karen discusses the case of an employee, a PTSD sufferer who was fired from Wayfair after using derogatory language towards her coworkers. She had been diagnosed with PTSD following military sexual assault and had been receiving treatment since 2010, was expected to adhere to professional conduct rules despite her condition. However, during a heated altercation, she called her colleagues derogatory names, leading to her being put on leave and eventually terminated. She sued Wayfair for disability discrimination and failure to provide a reasonable accommodation under the Americans with Disabilities Act (ADA). The court ruled against her, stating that she had committed "firable misconduct" and that there was no evidence of discriminatory intent. Additionally, the court found that Wayfair did not know about her disability at the time of her termination. Karen emphasizes the challenge for employers in balancing empathy for employees with the need to maintain a professional workplace and the importance of understanding that the ADA does not excuse workplace misconduct. Also in today's episode.... Manager puts employee's desk on the roof? That can't be allowed right? As always, Karen will be the judge of that.

The Job Judge Podcast is a podcast for anyone who works. This is not legal advice! Engaging and informative, it’s a must-listen/watch for any manager, business owner, HR professional, or anyone who works. Relying on three decades of experience as an employment law attorney and HR Executive, Karen Michael uses real case studies in the news and navigates through the legal landmines and workplace dysfunction that we know is probably happening right now in your organization.