A California Court of Appeal recently affirmed that employers have no duty to infer the existence of a disability, engage in the interactive process, or make reasonable accommodations based solely on an employee’s erratic or aggressive conduct. The court held that such obligations only arise if the existence of a disability is “the only reasonable interpretation” of the employee’s behavior. This decision provides important guidance for California employers navigating how to manage employees who exhibit concerning behavior in the workplace.
Factual Summary
The plaintiff, Daniel Husband, worked as a fulfillment expert at a Target store. Husband had been diagnosed with Bipolar I disorder, but never disclosed this condition to Target. For approximately 20 months, Husband performed his job without incident.
Then, Husband exhibited concerning behavior in three incidents over the course of one month:
First Incident (June 9, 2022): Husband entered the store while off duty and became visibly upset at another employee, who said Husband “used profanity.” A supervisor verbally counseled Husband, and Target later issued Husband a written counseling memo.
Second Incident (July 7, 2022): Husband arrived for his shift appearing “very deflated.” He suddenly became angry, reported that he had been hitting himself in the temple, and stated that the store’s inventory orders were “laughing at him.” He also became highly emotional, yelled at a coworker, and appeared visibly upset. His...
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