The Ninth Circuit released a precedent-setting Americans with Disabilities Act (“ADA”) decision yesterday, and it’s a big win for employers. The Court held that an employee who makes “serious and credible threats of violence toward his co-workers” is not a “qualified individual with a disability” and therefore cannot state a claim under the ADA or Oregon disability law. Karen O’Connor, Brenda Baumgart and Andrea Thompson from Stoel Rives represented the employer in this case, Mayo v. PCC Structurals, Inc., and a link to the Court’s decision is here.
Plaintiff’s Stress Leads to Death Threats in the Workplace
Plaintiff was a long-term welder at an industrial facility. Despite a 1999 diagnosis of major depressive disorder, he worked without significant issue for decades. In 2010, plaintiff and a few co-workers claimed a supervisor bullied them at work. Shortly after a meeting among plaintiff, a co-worker and the company’s HR director to discuss the supervisor, plaintiff began making threatening comments. He told a co-worker that he “felt like coming down to [the facility] with a shotgun and blowing off” the heads of his supervisor and a different manager. Among other comments, he also told other co-workers that he planned to come to the facility during the day shift “to take out management” and that he “wanted to bring a gun down to [the facility] and start shooting people.”Continue Reading The Ninth Circuit Joins Its Sister Circuits in Ruling That an Employee Who Threatens Co-Workers with Violence Is Not “Qualified” Under the ADA