We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

Ninth Circuit Protects Disability-Related Misconduct

Law360 (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...
To view the full article, register now.
Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.