Navigating the disciplinary process with employees who may be suffering from mental illness can be difficult.  One must address the misconduct while also recognizing the inherent difficulties that arise from mental illness.  In the case of Mafuta v. Wells Fargo Bank, the employer was forced to look past an employee’s mental illness and deal with the misconduct of the employee while at work.

The plaintiff, Mafuta, who was diagnosed with bipolar disorder, took offense to comments made by two of his co-workers, and replied that one of them “had red skin just like the ‘red person’ who ‘come’ during the ‘apocalypse.’”  He then left the bathroom and started making offensive statements and yelling at his co-workers.  After throwing his badge at a co-worker, flicking another co-worker’s chin, and threatening his supervisor, Mafuta was escorted out of the building by security.  Later that day, the police were sent to Mafuta’s home and brought him to the hospital, due to his erratic behavior.

In a conversation with Wells Fargo security a week later, Mafuta stated that he had a bipolar episode on the day of the incident.  He was asked to provide a written statement, but never did.  He was then placed on administrative leave and terminated due to his physical contact with co-workers and unprofessional workplace conduct.  Mafuta sued, alleging both religious and disability discrimination.  Wells Fargo moved for summary judgment.

While Mafuta, who was unrepresented, failed to respond to Wells Fargo’s motion, the court was still required to determine whether any dispute of material fact existed that would warrant allowing the case to continue, while viewing the evidence in the light most favorable to the plaintiff.  Regarding the disability claim, the court found that while the plaintiff presented a prima facie case for disability discrimination, he failed to demonstrate a causal connection between his termination and his disability.

Wells Fargo’s evidence showed that Mafuta was terminated shortly after his actions towards co-workers, and that he only disclosed his disability after the confrontation in the office.  The evidence showed that Wells Fargo had no knowledge of the plaintiff’s disability prior to the incident, and the decisionmaker had no knowledge of the disability until after Mafuta was terminated.  As such, Wells Fargo provided a legitimate nondiscriminatory reason for the adverse action, and summary judgment was granted.

With regard to Mafuta’s claim of religious discrimination (Mafuta is a Christian, but kept that information private), the court found that he presented no evidence that similarly situated, non-Christian employees were treated differently.  He further admitted he was not sure if his supervisor knew he was Christian.  Summary judgment was then granted for Wells Fargo.

In this case, Wells Fargo was fortunate to not only have instances of misconduct documented, but the testimony of several witnesses to the misconduct.  It is important that when workplace incidents occur, employers take the time to document, and follow up with employees who may have witnessed such misconduct in order to be prepared for any sort of litigation that results.  Employees are going to sue, and it is important that the employer be prepared to combat any claim that comes their way.  If you, or your organization, need assistance in responding to instances of employee misconduct, contact Wiley Reber Law, for legal advice that works.