625 F. App'x 729
6th Cir.2015Background
- Yarberry, hired and promoted by Hhgregg, exhibited highly unusual behavior over Aug 1–3, 2011 (returning to the store after hours, entering the safe, roaming, sending incoherent messages) and was involuntarily hospitalized for a manic episode diagnosed as Bipolar I.
- Hhgregg investigated, obtained a negative drug test, and suspended Yarberry pending investigation; Zimmerman (asset protection) reported bizarre surveillance and difficulty communicating with Yarberry.
- On August 3–4, HR (Bush), legal counsel, and HR officers finalized and mailed a termination letter citing after-hours entry, disarming the store, misuse of property, safety violations, and failure to cooperate with the investigation.
- Yarberry later produced a doctor’s letter diagnosing a manic episode from Bipolar I and requesting no return before Aug 29; he asked for reinstatement but was refused and found other work.
- Yarberry sued under the ADA claiming (1) disability discrimination (termination because of mental illness) and (2) failure to provide reasonable accommodation (leave), and both parties moved for summary judgment; district court granted summary judgment to Hhgregg; the Sixth Circuit affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Hhgregg knew or had reason to know of Yarberry's disability when it terminated him | Yarberry: Bush knew of the hospitalization and had notice of symptoms before final termination, so employer had constructive notice | Hhgregg: termination decision was made before knowledge of diagnosis; no notice of disability | Held: Termination finalized late Aug 3/early Aug 4 after HR knew of involuntary commitment; employer had reason to know => prima facie established |
| Whether conduct-caused-by-disability can justify termination under the ADA | Yarberry: his misconduct flowed from bipolar mania and thus is part of the disability and should be accommodated | Hhgregg: employer may discipline/terminate for job-related, safety/security and conduct violations even if related to a disability | Held: Employer may terminate for conduct (entry, safe access, misuse, failure to cooperate); reasons were legitimate and nondiscriminatory |
| Whether Hhgregg's stated reasons were pretext for discrimination | Yarberry: drug-policy leniency shows inconsistent treatment and suggests pretext | Hhgregg: drug-policy does not require reinstatement; conduct policy independently authorizes termination; no evidence of differential treatment | Held: No evidence of pretext; conduct policy and facts support nondiscriminatory reason |
| Whether Hhgregg had to provide reasonable accommodation after termination | Yarberry: requested leave for treatment and reinstatement; accommodation was feasible | Hhgregg: employer need not rescind discipline or engage in accommodation after termination warranted by misconduct | Held: ADA does not require rescinding termination for misconduct; no duty to accommodate after terminative misconduct |
Key Cases Cited
- Monette v. Elec. Data Sys. Corp., 90 F.3d 1173 (6th Cir. 1996) (McDonnell-Douglas framework for ADA claims)
- Lewis v. Humboldt Acquisition Corp., Inc., 681 F.3d 312 (6th Cir. 2012) (but-for causation standard in ADA termination cases)
- St. Mary's Honor Ctr. v. Hicks, 509 U.S. 502 (U.S. 1993) (employer must articulate legitimate nondiscriminatory reason)
- Kroll v. White Lake Ambulance Auth., 763 F.3d 619 (6th Cir. 2014) (summary-judgment standard; EEOC guidance as persuasive authority)
- Macy v. Hopkins Cnty. Sch. Bd. of Educ., 484 F.3d 357 (6th Cir. 2007) (employer may fire for conduct even if resulting from a disability when it disqualifies the employee)
- Den Hartog v. Wasatch Academy, 129 F.3d 1076 (10th Cir. 1997) (mental-illness-related conduct can be part of the disability but some misconduct must be tolerated absent safety/other defenses)
- Taylor v. Phoenixville Sch. Dist., 184 F.3d 296 (3d Cir. 1999) (hospitalization and contact with school put employer on notice of possible disability)