The Americans with Disabilities Act (ADA) is a federal law that, among other things, prohibits employers, employment agencies and labor unions from discriminating against those with disabilities.
The ADA defines a qualified employee (or qualified applicant) as anyone who can perform the essential functions of the job, either with or without “reasonable accommodations.”
Reasonable accommodations are modifications provided by an employer to allow people with disabilities to enjoy equal employment opportunities and might include such things as modifying a work schedule, providing a sign-language interpreter or adding a wheelchair ramp.
An employer doesn’t have to provide an accommodation if it imposes an “undue hardship,” which is defined as an action requiring significant difficulty or expense when considered in light of factors such as the employer’s size and financial resources.
Both physical and mental disabilities are covered by the ADA. Mental disabilities include not only intellectual disabilities, but also mental illnesses and emotional disorders.
Courts have, however, held that the “ADA is not a license for insubordination at the workplace,” even in cases involving an employee with a mental illness.
The US Court of Appeals for the First Circuit recently addressed this issue in the context of a lawsuit filed by Kirstie Trahan, who was fired for slamming down her phone, throwing her headset, and calling her co-workers “bitches.”
After her employer, Wayfair Maine, had decided to fire her for this outburst, but before it had notified Trahan, Trahan mentioned her PTSD diagnosis for the first time, saying it was the reason for the incident.
Trahan also requested that her work position be moved away from the co-workers involved or that she be allowed to work remotely.
Instead of accommodating Trahan’s disability (PTSD), Wayfair fired her. Trahan sued, claiming that her former employer had unlawfully discriminated against her by terminating her employment and failing to honor the accommodation request she made after her outburst.
Although Trahan’s PTSD had been diagnosed years before she began working for Wayfair, she didn’t tell Wayfair about it or request accommodations until the incident that resulted in her being fired.
When Wayfair talked to Trahan about her outburst, she still didn’t mention her PTSD, but said her co-workers were cliquish and were “a bunch of bitches.” She also crossed her arms, faced the wall, and rolled her eyes repeatedly.
Wayfair then placed Trahan on a leave of absence pending further investigation, and Trahan again referred to her co-workers as “bitches.” Trahan’s employment was then terminated for rude and unprofessional behavior.
Wayfair’s policies require employees to treat one another professionally and cooperatively, and Wayfair had previously fired employees for unprofessional interactions.
Trahan sued Wayfair for discrimination and failure to accommodate her disability, but the court sided with Wayfair.
Ultimately, the court found that when an accommodation request follows fireable misconduct, as in this case, “it ordinarily should not be viewed as an accommodation proposal at all.” Further, the court said, an employer is “not required to excuse past misconduct even if it is the result of the individual’s disability.”
While the ADA covers only employers with 15 or more employees, state laws frequently apply to employers with fewer workers. For instance, Oregon’s disability law covers employers with six or more employees. It is, therefore, important to see whether your business is covered by a state law even if
