A supervisor who repeatedly called an employee “Rain Man” can’t be held liable for disability discrimination or harassment according to a state appeals court.
Reason: The supervisor didn’t know the employee has a form of autism.
Thomas Mangano was hired as director of manufacturing by software firm Verity, Inc.
Steven Springsteel became his supervisor.
Mangano didn’t like it when Springsteel would call him “Rain Man” in front of co-workers.
Then, Mangano was passed over for a promotion to vice president of manufacturing and operations.
Months later, he was diagnosed with Asperger’s syndrome, a form of autism.
After receiving that diagnosis, Mangano sued Verity and Springsteel, alleging disability discrimination and “verbal harassment” based on a perceived disability in violation of California’s Fair Employment and Housing Act (FEHA).
Trial and appeals courts both ruled for the company.
FEHA states that a mental disability includes being regarded or treated by the employer as having any mental condition that makes achievement of a major life activity difficult.
The court said Verity showed it had legitimate business reasons for hiring a vice president from outside the company and that Mangano didn’t show those reasons were a pretext for disability discrimination.
On the harassment claim, the court said annoying or merely offensive language in the workplace isn’t actionable.
Another factor in this case: Mangano wasn’t diagnosed with Asperger’s until after he was passed over for the promotion. The company didn’t know about his disability when it made its choice for vice president.
