Gambini v. DaVita

Jan 01, 2007

OUTCOME: Reversed and remanded by the Ninth Circuit

This case involved an employee who was terminated after an angry outburst directed at her supervisor caused by the employee's bipolar disorder, after the employee had put her employer notice that she h ... ad this disability. After a defense verdict at trial, plaintiff appealed to the Ninth Circuit who ruled that, subject to limited exceptions, conduct caused by a disability cannot be the basis of disciplinary action because that would be the same as disciplining someone for having a disability.