Takeaway: The Americans with Disabilities Act protects workers with mental illnesses, such as depression and anxiety. Nevertheless, an employer can discipline misconduct by such a worker, even if the misconduct arises from the employee's condition and their frustration with seeking accommodations for it.
The termination of a worker with depression for his angry outburst was not unlawful discrimination, the 8th U.S. Circuit Court of Appeals recently decided.
The plaintiff worked for Deere & Co., better known as John Deere, for more than 30 years. Beginning in 2016, John Deere gave the plaintiff Family and Medical Leave Act (FMLA) leave and other medical leave to accommodate his anxiety and depression. In late 2018, the plaintiff took nearly four months of medical leave and returned to work in March 2019. In his first two months back from work, the plaintiff was absent 12 more days for vacation and sickness.
In May 2019, after the plaintiff's supervisor declined his vacation request, the plaintiff requested every Friday off through the winter. That June, the plaintiff's supervisor and an HR representative issued a warning to the plaintiff for his excessive unplanned and unexcused absences. The warning also acknowledged that the plaintiff had been approved for FMLA leave in the past and encouraged him to sign up for it again if needed.
At one point, the plaintiff told his supervisor that he felt like putting a gun to his head every morning. In response, the company...
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