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DECISIONPOINT THE DECISION (continued from page 2)


The Oregon District Court granted summary judgment in favor of PCC. In analyzing the claim the district court looked to the ADA and found that courts have ruled that an employer can terminate an employee who makes violent threats, even if the threats are caused by a disability, because the termination is for misconduct and not a pretext for the disability. The Court also noted that some


courts uphold such terminations based on the plain text of the ADA because by threatening violence the employee is unqualified for coverage under the ADA, even if the behavior arises due to a mental disability. Ultimately, the Court agreed with the line of authority that holds that while an individual with a mental disability may qualify for coverage under the ADA, threats of violence disqualify the employee because ―egregious and criminal conduct‖ is an exception to the rule that conduct resulting from a disability is part of the disability.


LEARNING AND KEY CONSIDERATIONS


While employers must remain mindful of their obligations under the ADA, employers should recognize that their first obligation is to protect their workforce from known threats of violence and that employers are well within their rights to take appropriate disciplinary measures against an employee who threatens violence, even if that employee claims that the threats were rooted in a mental disability.


Mayo v. PCC Structurals, Inc., 2013 U.S. Dist. LEXIS 91767, 1-14 (D. Or. July 1, 2013).


James L. Curtis jcurtis@seyfarth.com 312.460.5815


Meagan Newman mnewman@seyfarth.com 312.460.5968


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