Ninth Circuit Protects Disability-Related Misconduct

Law360, New York (July 27, 2007, 12:00 AM EDT) -- Gambini v. Total Renal Care Inc., No. 05-35209 (9th Cir. Mar. 8, 2007), illustrates the breadth of Washington’s disability discrimination laws.

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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