“Where, as here, an employee makes threats of physical violence to or against a coworker, that employee is not a qualified individual with a disability under the ADA, and the employer has a legitimate basis for termination and no obligation to engage in an interactive process or make a reasonable accommodation,” Google wrote in its motion.
Citing the Ninth Circuit’s 2015 decision in *Mayo v. PCC Structurals*, Google noted that the ADA does not require employers to risk the safety of their workforce. In that case, a welder diagnosed with major depressive disorder was fired for threatening gun violence against colleagues.
Newman began working for Google in April 2018 and received positive performance reviews for the first two years. However, in July 2020, he experienced his first manic episode and sent emails Google deemed inappropriate. His wife informed Google of his bipolar disorder diagnosis, leading him to take short-term disability leave.
Upon Newman’s request to return to work in January 2021, Google kept him on administrative leave pending an investigation. The company eventually terminated him in April 2021 for violating its code of conduct.
