On July 28, the Ninth Circuit Court of Appeals held, in Mayo v. PCC Stucturals, Inc., that the Americans with Disabilities Act (ADA) does not protect employees who threaten to kill coworkers, even when the threats are caused by a disability. After several recent decisions holding that disability-caused misconduct cannot form a basis for discharge, the court clarified that certain egregious misconduct can disqualify a disabled employee from receiving the ADA's protection, even when caused by the employee's disability. |
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