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Total Articles: 4

Death Threats Lead To Employer's ADA Victory

It is rare that the most employee-friendly of all federal appellate courts cites “common sense” in support of one of its decisions. The 9th Circuit Court of Appeals recently did just that, however, dismissing a disability discrimination claim filed by an employee who was fired for making death threats against company managers. In Mayo v. PCC Structurals, Inc., the Court ruled that the worker was not a “qualified individual with a disability,” and therefore could not sustain an Americans with Disabilities Act (ADA) lawsuit.

Death Threats Against Co-Workers Defeat Employee Disability Discrimination Claim, Federal Court Rules

A depressed employee who was fired for threatening to kill his co-workers was not a qualified individual entitled to protection under the Americans with Disabilities Act, as the employee could not perform essential job functions, with or without an accommodation, a federal appeals court in San Francisco has ruled, affirming judgment in favor of the employer. Mayo v. PCC Structurals, Inc., No. 13-35643 (9th Cir. July 28, 2015). The Ninth Circuit has jurisdiction over Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington.

Death Threats against Co-Workers Defeat Employee Disability Discrimination Claim, Federal Court Rules

A depressed employee who was fired for threatening to kill his co-workers was not a qualified individual entitled to protection under the Americans with Disabilities Act, as the employee could not perform essential job functions, with or without an accommodation, a federal appeals court in San Francisco has ruled, affirming judgment in favor of the employer. Mayo v. PCC Structurals, Inc., No. 13-35643 (9th Cir. July 28, 2015). The Ninth Circuit has jurisdiction over Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington.

Employee’s Threatening Behavior May Justify Mandatory Medical Examination

When is it appropriate to require an employee to complete a medical examination? This question presents a common challenge for employers. A federal court of appeals recently issued a decision that helps clarify an employer’s rights to seek a medical opinion when it is concerned about workplace safety. In Owusu-Ansah v. Coca-Cola Company, the Eleventh Circuit found that an employee’s threatening comments and behavior during a meeting with a supervisor were legitimate reasons to mandate that the employee pass a fitness-for-duty examination before returning to work.
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