Disability Accommodation After Termination Ruling

Sixth Circuit Court of Appeals recently held that asking for a disability accommodation after an employee was terminated for misconduct did not require an employer to reinstate the employee or consider the accommodation request.

Employee worked in retail appliance store and had conflict with co-workers. After store had closed, employee returned and surveillance cameras showed employee running and wandering around the store, and using store computers. He later left and locked up without setting the alarm. Employer terminated the employee for failing to follow safety procedures.

After the termination decision was made, but before the employer could reach and inform the employee, the employee had emailed the employer stating he was in a psychiatric hospital and asked to keep his job. Employee was diagnosed with Bipolar I Disorder and requested reinstatment and a leave of absence for treatment, which the employer denied.

Federal Court of Appeals held the employer had legitimate non-discriminatory business reasons for the termination, and the request for accommodation came too late. Since the employee had already committed the misconduct that was cited as the reason for his termination, the employer was not obligated to rescind the termination or engage in any further discussion with the employee about his requests for accommodation.

[Yarberry v. Gregg Appliances, Inc. (6th Cir. 2015) no. 14-3960