CANTANKEROUS OR MENTALLY IMPAIRED?

Certain mental disabilities recognized by the ADA, notably bipolar disorder, paranoia and schizophrenia, can lead to conduct issues, even when an otherwise qualified employee is medicated or undergoing other treatment. But does an employer have to accommodate the employee who creates conflict with other employees and then claims to be impaired in the major life activity of “interacting with others?” Courts in some jurisdictions do not recognize “interacting with others” as a major life activity. However, the Ninth Circuit, whose jurisdiction includes Oregon, does, defining that type of impairment as “characterized on a regular basis by severe problems, for example, consistently high levels of hostility, social withdrawal, or failure to communicate when necessary.”  Fortunatley, the court made clear that not every cantankerous person who has trouble getting along with coworkers will qualify as disabled. However, if the employee gives the employer notice of a mental disability and requests reasonable accommodation based on a substantial limitation in interacting with others, the employer may have a duty to accommodate that employee, provided he or she is otherwise qualified for the position. And as with other disabilities and major life activities, Oregon employers should not assume that conduct issues are the result of a mental disability -- absent notification of disability and need for accommodation, employers are not required to accommodate employees who create conflict in the workplace.