Question: One of our new hires always seems agitated for no apparent reason, but she is reliable and works hard. She is known to angrily mutter to herself while she works, so coworkers generally steer clear of her. Yesterday the employee became aggressive, irrational, and made several explicit threats to harm coworkers whom she says were standing too close to her. We think she has a mental disorder and needs psychiatric treatment, but can we fire her for violating our policy against workplace violence?
Answer: Your decision-making process and application of policy must be fair and nondiscriminatory to avoid running afoul of the Americans with Disabilities Act (ADA). A decision to terminate this employee based on a violation of your workplace violence policy is legally defensible, provided it is solely based on verified conduct and not in any way driven by speculation about the employee’s health or mental state. You can and should take all workplace violence threats seriously and apply your company policy consistently, regardless of disability. It isn’t necessary for managers to conduct an armchair diagnosis to effectively enforce your policy against workplace violence. In fact, speculating about the employee’s health or mental state and acting on unsupported medical conclusions may constitute “regarded as” discrimination under the ADA.
Focus on Conduct and Safety When Managing Workplace Threats
The ADA imposes a duty on employers to provide reasonable accommodations to qualified individuals with disabilities, unless doing so poses a direct threat to health and safety or causes undue hardship. Generally, an employer cannot conclude that an employee with a known disability poses a safety threat without completing the ADA interactive process and obtaining a medical opinion. Here, you don’t know anything about the employee’s medical condition. The employee is disqualified from her position because her threats to coworkers violated the company’s policy against workplace violence, regardless of the underlying reason for her behavior. Your decision should be job-related and focus solely on the conduct, not the person.
Equip Your Managers with the Right Tools for ADA Compliance
To avoid inadvertent ADA violations, train your managers on their role in ADA compliance and how to manage employees who exhibit mental health struggles at work. Knowing when to pull in HR is key. Vigilant offers an attorney-led training, “Supervisor’s Toolkit for Managing Mental Illness” to help supervisors identify workplace issues that trigger an employer’s ADA duties and appropriately respond, while putting safety first. For a broader exploration of workplace mental health, see our three-part series, which appeared in our newsletter on May 29, June 9, and June 16. For information on legal compliance, see our Legal Guides, Workplace Violence Prevention and ADA: Reasonable Accommodation and the Interactive Process. Members, please contact your Vigilant Law Group employment attorney for specific legal advice.
Navigating complex employment issues shouldn’t feel like a solo journey. When unexpected workplace challenges arise, having a trusted partner makes all the difference. As a Vigilant member, you gain direct access to dedicated employment attorneys and practical supervisor training that helps you handle difficult situations with legal confidence and peace of mind.
