Porn, Prostitution Messages, not Disability, Caused Employee's Termination

Chicago, IL (WorkersCompensation.com) – Respecting the Americans with Disabilities Act does not mean ignoring the standards of a professional workplace.

For example, in Schneider v. Harmon Solutions Group LLC, No. 21-2813 (7th Cir. 06/23/22, unpublished), harassing messages about pornography and prostitution and continued contact after a warn lead the court to find that misconduct, not discrimination, was the reason for a worker’s termination.

Chronic Fatigue

An employee for an insurance claims company had chronic fatigue syndrome. The pain and exhaustion from his condition prevented him from staying seated at his cubicle all day, so the employee began standing at his desk during customer calls to help alleviate his symptoms.

The company had a policy forbidding employees from standing during calls because the cubicle walls blocked sound only when callers were seated.

In response to the employee’s request for an accommodation that would allow him to stand during calls, the company provided him with a standing desk behind a cluster of cubicles away from other employees.

About two months later, the employee’s desk was moved, which made the employee feel isolated. The employee asked for a different kind of chair, and this request was denied.

The employee received discipline for swearing and disparaging the company during customer calls. Later, the employee had inappropriate contact with a coworker and used the company’s instant messaging service to ask the coworker about pornography and prostitution.

Although the company warned the employee that this behavior could lead to discharge, he confronted the coworker after a shift and then sent her flowers and social media messages. Later, he contacted her on the company instant-messaging system again.

After the coworker filed a formal harassment complaint, the company terminated him. The employee sued under the ADA, claiming that he was fired for having a disability.

The court ruled in favor of the company, prompting the employee to appeal.

Not Based on Disability

Under the ADA, an employee must show that his disability was the “but for” cause of his termination. The 7th Circuit determined that the employee did not make such a showing. Instead, the court pointed out that:

• The employee violated the company’s professionalism policy by swearing, disparaging the company to customers, and soliciting a coworker.
• After the company warned the employee he could be fired for unprofessionally pursuing a coworker, he sent more unsolicited messages to that coworker.
• The employee did not present evidence that workers without disabilities with comparable records of misconduct were not fired. 

As a result, the 7th Circuit agreed with the lower court that the employee did not show that his termination was based on disability discrimination.

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