Why Court Dismissed Suit by Employee Called ‘Rain Man’
In a new case, a California appeals court found that an employer wasn’t liable for disability bias when a supervisor called an autistic employee “Rain Man.” We’ll explain why the employer here got lucky with a dismissal, and why you should take precautions to avoid similar situations from exploding into lawsuits.
What Happened
“Thomas Jones” worked as director of manufacturing at Verity, Inc., a software company in Santa Clara. He had been at Verity for over a decade when chief financial officer “Smyth” joined the firm, becoming Jones’s direct supervisor.
During weekly staff meetings, Smyth referred to Jones as “Tommy” despite the fact that Jones went by the nickname “Tom” and never “Tommy.” Smyth also called him “Rain Man” a number of times. And at an off-site company gathering that Jones didn’t attend, Smyth awarded Jones, in absentia, a brass plaque with the inscription: “‘Verity—Longest tenure in G&A—Rain man—Tom Jones—2004.’” Smyth had approved the plaque’s content.
Later that year, in connection with a restructuring of the department, Smyth created a new vice president position that fell between his CFO position and Jones’s director-level position. When Jones told Smyth and Human Resources that he wanted the job, Smyth responded that Jones didn’t have the qualifications but could be on the hiring committee. Jones sent an e-mail to Smyth and HR, reiterating his interest in the job and discussing “[u]nprofessional, demeaning treatment” by Smyth. In a subsequent meeting, Smyth admitted “mea culpa” about the nicknames, and he never used them again.
A new vice president, “Larter,” was soon hired, and he made some changes in the department, including restructuring Jones’s responsibilities by focusing his position on certain areas and spinning others off to a new position. Jones viewed the changes as a demotion, even though his salary stayed the same.
Later that year, Jones was diagnosed with Asperger’s Syndrome, which is an autism spectrum disorder, characterized by difficulties in social communication and reciprocal social skills. He subsequently sued Verity and Smyth for disability bias, claiming that Smyth’s use of the nicknames indicated that Smyth “regarded” Jones as disabled and rejected him for the vice president position on that basis.
What the Court Said
Now a California appeals court has upheld a dismissal of Jones’s case. The court explained that Verity had legitimate business reasons for hiring Larter instead of promoting Jones into the new vice president position. Larter had years of experience in similar positions, while Jones lacked some of the key skill sets needed for the new job.
Furthermore, the fact that Smyth called Jones the nicknames didn’t prove that the real motive for failing to promote Jones was because he was perceived as disabled. Specifically, at the time Jones was denied the position, neither he nor the company knew he had Asperger’s—that diagnosis came later. What’s more, Smyth testified that he used the “Rain Man” nickname because he thought Jones “had moments of brilliance” coupled with a “quirky manner,” reminding him of the movie Rain Man.
The court explained that being disabled or perceived as disabled “means much more than just socially awkward or with eccentric or unique personality characteristics.” Rather, to rise to the level of a disability, a mental condition must limit a major life activity. But here, there was no evidence that Smyth or Verity thought Jones had a disability that made him unfit to perform the new vice president job. Jones v. Verity, Inc., Calif. Court of Appeal (Dist. 6), No. H030999 (2008).
What to Remember
While the employer in this case got off easy, albeit with some hefty legal bills, you might not be so lucky in a similar situation. It is critical that managers, supervisors, and all employees understand that teasing or name-calling, even if done with no improper motive, can lead to lawsuits. And if you become aware of inappropriate “kidding around” or similar conduct, your best defense to a bias or harassment lawsuit is to act swiftly to put an end to it.