Ninth Circuit Protects Disability-Related Misconduct
In Gambini, the Ninth Circuit held that the trial court should have issued a jury instruction that “[c]onduct resulting from a disability is part of the disability and not a separate basis for termination.” Employee misconduct is now arguably protected by Washington state’s anti-discrimination statute when it is “part and parcel” of an employee’s disability.
* Factual Background *
Stephanie Gambini worked as a contracts...
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