Disability-Related Misconduct

Just last week I was complaining about the lack of guidance for employers dealing with employees who blame their bad behavior on a disability. Now a fired financial adviser is asking the Supreme Court to weigh in on the issue.

Morgan Stanley fired Ryan Foley from his job as a financial analyst when he removed

I’ve complained before about the lack of guidance for employers dealing with employees who attribute their bad behavior to a disability. The Ninth Circuit’s August 15, 2014 decision in Weaving v. City of Hillsboro (pdf) only adds to the confusion.

The City of Hillsboro, Oregon fired Weaving from his job as a police sergeant

With increasing frequency, employees are relying on disabilities to excuse work-related misconduct. While we’ve been writing about this for years (some suggested that my 2011 post “To What Extent Are California Employers Required To Accommodate Violent Nutjobs” was insensitively titled), a recent decision out of California takes the cake, or in this case,

There’s a section of the Americans With Disabilities Act that lists conditions that are excluded from the definition of disability.   The list includes compulsive gambling, kleptomania, pyromania, pedophilia, exhibitionism, and voyeurism. I assume that the list arose from legislative debates about what horrible things would happen if employers had to accommodate disabled individuals. Would they have to hire