The U.S. Court of Appeals for the First Circuit recently affirmed a federal trial court’s dismissal of a plaintiff’s lawsuit claiming discrimination under the Americans with Disabilities Act (ADA) where she was terminated for violating the company’s code of conduct despite her claim that her conduct was related to her disability, and therefore protected.

The appeals court, ruling in Trahan v. Wayfair Maine, LLC, No. 19-1961 (1st Cir. April 21, 2020), observed that the ADA “is not a license for insubordination at the workplace.” The facts show that the plaintiff, who suffered from post-traumatic stress disorder (PTSD), could not justify her calling her coworkers “bitches” in violation of the company’s policy requiring professional interactions based on her disability.

The First Circuit’s ruling is consistent with decisions issued by other federal appeals courts concluding that the ADA does not protect misconduct simply because an individual falls within the ADA’s protection by having a disability and being otherwise qualified for the job.

Members of the Center for Workplace Compliance (CWC) can read more here.