Human Resources News & Insights

No, ‘obsessive stalking’ isn’t ADA-protected

Attention, victims of failed workplace romances: If you’re thinking of stalking your ex, don’t expect to be covered under the ADA. Here’s a lawsuit you have to see to believe. 

The aforementioned was the lesson out of a recent case in California, in which a male manager and female employee had a consensual extra-marital affair. She broke it off, but the manager just wasn’t willing to let go.

And when he was finally fired, he claimed he was suffering from a disability – obsessive stalking – and was improperly terminated.

Couldn’t stay away

Gregory Wyant and Michelle Mangan, both of whom worked at Intel Corp., had an affair. She ended it.

That didn’t faze Wyant, however. Over the next months, he continued to chase her – by doing such things as going to her house, banging on her door, gathering information from her bank account and constantly texting her after being told to stop.

The police were brought in, and company officials got Wyant to sign a document saying the behavior would stop. But it didn’t, and he was fired.

Eventually, the case wound up in court.

He claimed he was fired due to the disability of obsessive compulsive stalking, a violation of the ADA.

But the court didn’t buy it. Being a stalker is not a mental condition, the court said. Therefore, it can’t qualify as a protected disability. Case closed.

Cite: Wyant v. Intel Corp., Crt. of App. of CA 3rd Dist., No. CO79699, 1/24/17.

Print Friendly

Subscribe Today

Get the latest and greatest Human Resources news and insights delivered to your inbox.

Speak Your Mind