Will Manuel Quoted in Law.com on ADA Suit Against Wawa
March, 2024 - Birmingham, Alabama
Bradley partner Will Manuel was quoted in a Law.com article regarding an Americans with Disabilities Act suit from a former Wawa store manager who claims he was demoted twice after being diagnosed with Tourette syndrome.
The Sixth Circuit decision could work in favor of Wawa, a chain of convenience stores and gas stations, if it had any complaints or other evidence that John Casalnova’s condition made other employees uncomfortable, explained Manuel. But if Wawa were merely reacting to speculation about symptoms he might show in the future, it could be in trouble, Manuel added.
“As the Sixth Circuit decision pointed out, the symptoms of actually spouting out offensive phrases is a very rare condition. You often have Tourette’s and all it does is [cause] twitches or involuntary sounds, but it’s not anything offensive. So if the employer ended up saying, you got Tourette’s and it makes people scared because they know you’re going to say something improper, but there’s no actual proof that he’s doing that, then the employer is going to be in trouble,” Manuel said.
The full article, “Cursing in Public: Tourette's Case Shines Light on ADA Accommodation,” was published by Law.com on March 22, 2024.
