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School district fires teacher for conduct after ‘supernatural’ encounter

December 2021 employment law letter
Authors: 
Tony Puckett, McAfee & Taft

Employees who exhibit what appear to be mental or emotional issues while in the workplace or performing their job duties present some of the most difficult situations for employers. They may have a disability you may be required to accommodate under the Americans with Disabilities Act (ADA). They also may, at times at least, be unable to satisfactorily perform their job duties. Determining what rights they have, and what obligations you have under the ADA, can be very challenging.

Conduct leads to mental disorder diagnosis

A recent case from the U.S. 6th Circuit Court of Appeals addressed the distinction between “disability-related conduct” an employer may not use as a basis for an adverse employment action and “conduct that occurs as a result of a disability” that disqualifies an employee from the job.

A middle school teacher was terminated after the school district concluded her mental condition prevented her from satisfactorily performing her job within the requirements of the district’s policies.

The teacher, after what she described as a “deeply religious event” in which she lost consciousness and believed she was lifted up and carried eight to 10 feet away by a supernatural power, began to talk to students repeatedly about her experience both in person and via social media.

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