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Palmer v. Circuit Court of Cook County

United States Court of Appeals, Seventh Circuit
Jun 26, 1997
117 F.3d 351 (7th Cir. 1997)

Summary

holding that an employee's threats of physical violence rendered her not "otherwise qualified" under the ADA

Summary of this case from Sista v. CDC Ixis North America, Inc.

Opinion

No. 95-3659

SUBMITTED MAY 22, 1997

DECIDED JUNE 26, 1997

Marquita Palmer (Submitted), Chicago, IL, for Plaintiff-Appellant.

A. Benjamin Goldgar, Office of the Attorney General, Civil Appeals Division, Chicago, IL, Robin R. Shartiag, Circuit Court of Cook County, Legal Research Division, Chicago, IL, Margaret Kostopulos, Office of the Chief Judge, Chicago, IL, for Defendant-Appellee.

Appeal from the United States District Court for the Northern District of Illinois, Eastern Division.

No. 94 C 3508.

Ruben Castillo, Judge.

Before POSNER, Chief Judge, and CUMMINGS and BAUER, Circuit Judges.


The application of the Americans with Disabilities Act, 42 U.S.C. § 1211 et seq., to persons suffering from mental illness presents difficult issues illustrated by this case in which the district judge granted summary judgment for the Circuit Court of Cook County. The court employed the plaintiff, Marquita Palmer, as a social service caseworker, and she was doing fine until Clara Johnson became her supervisor. Shortly afterward, Palmer had a falling out with another worker, Nicki Lazzaro, who Palmer thought had decided to become friends with Johnson rather than with her. Palmer abused Lazzaro verbally and eventually threatened to "kick her ass" and "throw her out of her window," whereupon Johnson suspended Palmer for ten days. When she returned to work, she told Johnson to "go to hell" and was suspended for another seven days, then transferred to another location of the court, where she worked for six months without incident — until a very minor tiff with Johnson sent her into a tailspin. She became convinced that Johnson was trying to orchestrate a case against her and sought psychiatric help. Diagnosed as having major depression and delusional (paranoid) disorder, she was fired after making a series of phone calls from her home to the office in which she accused Johnson of harassing her and said, "I'm ready to kill her. I don't know what I'll do. Her ass is mine. She needs her ass kicked and I'm going to do it. . . . I want Clara bad and I want her dead." One of the calls was to Johnson herself and in it Palmer said, "Your ass is mine, bitch." Palmer told another worker that Johnson would be "better off dead."

The district judge determined, as a matter of law, that Palmer's depression and paranoia were not disabling because she testified in her deposition that she had never had any problems at work before Clara Johnson became her supervisor. This meant, the judge thought, that Palmer had merely had "a personality conflict with her supervisor, Clara Johnson, and her co-worker, Nicki Lazzaro — although one which caused her to suffer anxiety and depression to an apparently significant degree."

The judge was certainly correct that a personality conflict with a supervisor or coworker does not establish a disability within the meaning of the disability law, Stewart v. County of Brown, 86 F.3d 107, 111 (7th Cir. 1996), even if it produces anxiety and depression, as such conflicts often do. Such a conflict is not disabling; at most it requires the worker to get a new job. But if a personality conflict triggers a serious mental illness that is in turn disabling, the fact that the trigger was not itself a disabling illness is no defense. Schizophrenia and other psychoses are frequently triggered by minor accidents or other sources of normal stress. Before then the individual seemed perfectly normal; after that he may be incapable of productive employment for the rest of his life. E.g., Lancaster v. Norfolk Western R.R., 773 F.2d 807, 822-23 (7th Cir. 1985); Steinhauser v. Hertz Corp., 421 F.2d 1169, 1174 (2d Cir. 1970); cf. Pierce v. Southern Pacific Transportation Co., 823 F.2d 1366, 1372 n. 2 (9th Cir. 1987). (Palmer's paranoid delusions concerning her supervisor are typical symptoms of schizophrenia, although her psychiatrist did not use the term.) Psychotic episodes are not certain to recur, and if they don't the psychosis would not be disabling. Cf. Vande Zande v. Wisconsin Dept. of Administration, 44 F.3d 538, 544 (7th Cir. 1995). Our only point is to distinguish between the nondisabling trigger of a disabling mental illness and the mental illness itself. On the record compiled in the district court, it is not possible to negate the inference that Palmer has in fact a disabling mental illness.

But the judgment of the district court must still be affirmed. There is no evidence that Palmer was fired because of her mental illness. She was fired because she threatened to kill another employee. The cause of the threat was, we may assume, her mental illness — as when Hamlet said, apologizing to Laertes, "Was't Hamlet wrong'd Laertes? Never Hamlet./ If Hamlet from himself be ta'en away,/ And when he's not himself does wrong Laertes,/ Then Hamlet does it not; Hamlet denies it./ Who does it then? His madness." Hamlet, Act V, sc. ii, ll. 229-233. But if an employer fires an employee because of the employee's unacceptable behavior, the fact that that behavior was precipitated by a mental illness does not present an issue under the Americans with Disabilities Act. Martinson v. Kinney Shoe Corp., 104 F.3d 683, 686 n. 3 (4th Cir. 1997); Newland v. Dalton, 81 F.3d 904, 906 (9th Cir. 1996); Little v. FBI, 1 F.3d 255 (4th Cir. 1993). The Act does not require an employer to retain a potentially violent employee. Such a requirement would place the employer on a razor's edge — in jeopardy of violating the Act if it fired such an employee, yet in jeopardy of being deemed negligent if it retained him and he hurt someone. The Act protects only "qualified" employees, that is, employees qualified to do the job for which they were hired; and threatening other employees disqualifies one. EEOC v. Amego, Inc., 110 F.3d 135 (1st Cir. 1997); Johnson v. New York Hospital, 96 F.3d 33 (2d Cir. 1996) (per curiam); Williams v. Widnall, 79 F.3d 1003, 1006 (10th Cir. 1996); Crawford v. Runyon, 79 F.3d 743 (8th Cir. 1996); Pesterfield v. TVA, 941 F.2d 437, 442 (6th Cir. 1991); cf. Ward v. Procter Gamble Paper Products Co., 111 F.3d 558, 560 (8th Cir. 1997).

It is true that an employer has a statutory duty to make a "reasonable accommodation" to an employee's disability, that is, an adjustment in working conditions to enable the employee to overcome his disability, if the employer can do this without "undue hardship." 42 U.S.C. § 12112(b)(5)(A). But we cannot believe that this duty runs in favor of employees who commit or threaten to commit violent acts. See Williams v. Widnall, supra, 79 F.3d at 1006; Husowitz v. Runyon, 942 F. Supp. 822, 834-35 (E.D.N.Y. 1996); Battle v. Department of Transportation, 63 M.S.P.R. 403, 409-10 (Merit Systems Protection Bd. 1994). The retention of such an employee would cause justifiable anxiety to coworkers and supervisors. It would be unreasonable to demand of the employer either that it force its employees to put up with this or that it station guards to prevent the mentally disturbed employee from getting out of hand. So clear is this that we do not think a remand is necessary to explore the possibilities of accommodation.

AFFIRMED.


Summaries of

Palmer v. Circuit Court of Cook County

United States Court of Appeals, Seventh Circuit
Jun 26, 1997
117 F.3d 351 (7th Cir. 1997)

holding that an employee's threats of physical violence rendered her not "otherwise qualified" under the ADA

Summary of this case from Sista v. CDC Ixis North America, Inc.

holding that "if an employer fires an employee because of the employee's unacceptable behavior, the fact that behavior was precipitated by a mental illness does not present an issue under the [ADA]"

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holding that "if a personality conflict triggers a serious mental illness that is in turn disabling, the fact that the trigger was not itself a disabling illness is no defense"

Summary of this case from Makeda-Phillips v. Ill. Sec'y of State

holding that the ADA "does not require an employer to retain a potentially violent employee"

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holding that threatening other employees disqualifies an individual from protection under the ADA

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holding an employer should not be placed on "the razor's edge" in danger of violation a Federal act on one hand or jeopardizing an employee's health and safety on the other

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finding that, because the ADA "protects only 'qualified' employees . . . and threatening other employees disqualifies one," the employer did not violate the ADA when it fired an employee who "threatened to kill another employee" as the result of "her mental illness"

Summary of this case from Cartagena v. Lovell

finding that "the [ADA] does not require an employer to retain a potentially violent employee" and that an employee who threatens other employees is not a "qualified employee"

Summary of this case from Olson v. International Business Machines

upholding termination of employee whose threats against co-workers were triggered by mental illness

Summary of this case from Pernice v. City of Chicago

upholding termination of employee whose inappropriate behavior toward co-workers was triggered by mental illness

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affirming grant of summary judgment where plaintiff threatened co-worker

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affirming summary judgment in favor of the employer and holding that “[t]he [ADA] protects only qualified employees ... and threatening other employees disqualifies one.”

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affirming grant of summary judgment where plaintiff threatened co-worker

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affirming grant of summary judgment where plaintiff threatened co-worker

Summary of this case from Matthews v. Donahoe

affirming summary judgment for employer where plaintiff threatened to kill another employee, because ADA "does not require an employer to retain a potentially violent employee"

Summary of this case from Valentine v. Standard Poor's

affirming summary judgment dismissing claim of social service caseworker who was mentally ill with depression and paranoia and who was fired after a series of "personality conflicts" with co-worker and supervisor

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recognizing that employer may terminate mentally impaired employee if mental impairment causes disruptions in the workplace

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In Palmer, the court held that an employee with a mental-health impairment who threatened to kill a co-worker was not a qualified individual under the ADA. Id. at 352–53.

Summary of this case from Todd v. Fayette Cnty. Sch. Dist.

observing that "if a personality conflict triggers a serious mental illness that is in turn disabling," and thus makes the employee incapable of working, the employee may have a disabling mental illness within the meaning of the ADA

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noting that "a personality conflict with a supervisor or coworker does not establish a disability within the meaning of the disability law, even if it produces anxiety and depression, as such conflicts often do"

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discussing the ADA

Summary of this case from Tedrow v. Franklin Twp. Cmty. Sch. Corp.

distinguishing between personality conflicts that trigger non-disabling anxiety or depression versus personality conflicts that trigger permanent disabling mental illness, and holding that the record allowed for an inference that the plaintiff in fact had a disabling mental illness

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noting that schizophrenia as a "mental illness that is ... disabling"

Summary of this case from Earl v. Espejo

In Palmer, the plaintiff developed depression and paranoid schizophrenic symptoms after a certain woman became her supervisor; the district court found that the plaintiff merely had a personality conflict, not a disability, because she didn't experience the symptoms prior to working with the new supervisor.

Summary of this case from Pack v. Ill. Dep't of Healthcare & Family Servs.

stating that even if a conflict with a supervisor produces anxiety and depression, "as such conflicts often do," it does not establish a disability

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Case details for

Palmer v. Circuit Court of Cook County

Case Details

Full title:MARQUITA PALMER, Plaintiff-Appellant, v. CIRCUIT COURT OF COOK COUNTY…

Court:United States Court of Appeals, Seventh Circuit

Date published: Jun 26, 1997

Citations

117 F.3d 351 (7th Cir. 1997)

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