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ADA Doesn't Require Employer to Keep Customer-Facing
Employee Whose Tourette's Leads Him to
Use Slurs

Original Article

Posted By: Beardo, 2/18/2024 12:35:39 PM

From Cooper v. Dolgencorp, LLC, decided Thursday by the Sixth Circuit, in an opinion by Judge Mathis, joined by Judges Moore and Murphy: In 2016, Cooper began working for CCCI as a delivery merchandiser [who delivered products to customer stores]. Prior to CCCI hiring Cooper, he had already been diagnosed with Tourette Syndrome. (snip)  The condition causes Cooper to use obscene and inappropriate vocalizations, including profanity (b****) and a racial slur (n*****)…. This led to repeated customer complaints, and eventually led Cooper's employer (Coca-Cola Consolidated, Inc., or CCCI) to reassign Cooper to a lower-paying non-customer-facing warehouse position, 

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Reply 1 - Posted by: Flyball Dogs 2/18/2024 12:55:48 PM (No. 1660442)
So, if I read correctly, he wasn’t fired. Just reassigned another position with a small wage decrease. Seems like a win/not lose situation, But i have to say: of all the disabilities in the world, Tourette’s is quite the burden.
19 people like this.

Reply 2 - Posted by: Calamity Kate 2/18/2024 1:02:57 PM (No. 1660446)
Everyone seems to forget that ADA requires a REASONABLE accommodation. Customer service by a obscenity speaking rep doesn't need to be accommodated.
18 people like this.

Reply 3 - Posted by: jalo1951 2/18/2024 1:19:14 PM (No. 1660457)
When I worked in a Middle School library we were informed that we would be having a Tourette's student enroll at the school. He had been homeschooled and the parents wanted to try a public school setting. All the students were educated about his condition, what to expect, how to react, how to deal with him. The school wanted this to work. The first time he came to the IMC with his language class he yelled out "F you all to hell" and didn't stop there. It was nonstop cursing at the top of his lungs. I felt bad for the student and the other students who really didn't know how to handle his outbursts. He did not last a week. The parents withdrew him and went back to homeschooling. The school agreed to send teachers to his home to teach subjects his parents did not feel qualified to teach. Under the circumstances it was the best solution. It was not like some sufferers who have ticks and make noises. No teaching could take place in a classroom setting. He would be well into his 20's by now and I wonder how he has farred. Here's hoping there are more available treatments then back then. Why in the world didn't this company just give the employee a different job at the same pay?
14 people like this.

Reply 4 - Posted by: mc squared 2/18/2024 1:26:31 PM (No. 1660464)
There are some ice cubes in hell. This was a reasonable decision. To keep the disabled in customer service could bankrupt the company.
10 people like this.

Reply 5 - Posted by: FL_Absentee_Voter 2/18/2024 1:36:33 PM (No. 1660470)
Skeptically wondering (because these are the times we live in) - was the profanity okay but not the racial slur? And what's the solution when he starts throwing that slur around the warehouse?
8 people like this.

Reply 6 - Posted by: jasmine 2/18/2024 2:16:52 PM (No. 1660482)
Not sure how the employee was ever deemed fit to work with the public in the capacity he was hired for. At the same time, it seems that the employee has no ability to alter his behavior, making the cut in pay gratuitous. Sounds to me like the initial mistake was on the part of the employer. Someone didn't understand there would be shocking outbursts that would have a negative effect on customers and anyone else who might overhear them. I agree with #6. Continue to pay the salary he was hired under, and move him to a more suitable environment for someone with this incurable disability.
5 people like this.

Reply 7 - Posted by: Timber Queen 2/18/2024 3:39:55 PM (No. 1660512)
#3's post raises a question for me regarding children with Tourette's. If the child is home schooled, where do they learn the curse words?
6 people like this.

Reply 8 - Posted by: danu 2/18/2024 4:21:59 PM (No. 1660538)
a copy of this ruling should go to the FAA hiring dept.
3 people like this.

Reply 9 - Posted by: anniebc 2/18/2024 5:30:08 PM (No. 1660575)
Can't you just see Tourette sufferers become the new black as some people love to say? The left loves to destroy.
3 people like this.

Reply 10 - Posted by: Catherine 2/18/2024 5:31:35 PM (No. 1660578)
The odd thing to me, about Tourettes, why vulgar words? I did come across someone with it in the ER. She used the F word often. No one was offended. But what part of the disease makes them use that particular word? I honestly would like to know.
5 people like this.

Reply 11 - Posted by: Strike3 2/18/2024 9:53:50 PM (No. 1660699)
Hire him as the new white house spokesperson. His condition will go unnoticed.
2 people like this.

Reply 12 - Posted by: skacmar 2/18/2024 10:48:07 PM (No. 1660726)
FYI: Not everyone with Tourettes swears uncontrollably or yells. Some have tics, sounds, our a combination. Many control this with medications or other methods. The tics, sounds, or verbal outbursts may occur constantly, when tired and stressed, or dissappear for a while then reappear. Everyone is different. In many cases (tics and involuntary sounds), the person might not even be aware of their actions. In this case, it sounds like common sense prevailed for once.
1 person likes this.

Reply 13 - Posted by: DVC 2/19/2024 12:48:06 AM (No. 1660759)
I've always been very skeptical of this "disease", not really buying the claims. Still skeptical.
0 people like this.

Reply 14 - Posted by: Rather Read 2/19/2024 4:21:42 AM (No. 1660793)
I went to an urgent care and my nurse had Tourette's. She would shrug and her face twitched. She knew her stuff though, and took care of my problem.
2 people like this.

Reply 15 - Posted by: petrichor 2/19/2024 5:52:55 AM (No. 1660817)
There is a pill for Tourette's Syndrome. I guess it's not always effective. The mind identifies taboo words. That's how the n-word sneaked into the spew. One of the repliers stated he should receive the same pay in his new job. What in the hell would justify that? One is paid for the job they perform.
1 person likes this.

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