ADA for Customers?

MichelleH

Recently, we had a verbally abusive customer (foul language, insults, etc.) in one of our offices. The office manager intervened when she became verbally abusive toward one of our employees. Via letter, she explained to us that the reason she acted toward our employee the way that she did was because of a traumatic head injury. She went on to say that she has no control over what she says and that she is protected under the ADA because of her head injury. We are talking some seriously foul language here. She then threatens a lawsuit if our manager intervenes again or does anything that she feels violates her protection under the ADA. Has anyone ever run into a situation like this before? What sort of accomodation would be considered reasonable without creating a hostile work environment for our employees?

Theresa Gegen TX

This really goes a little bit beyond the scope of employement law, into the other areas of the ADA that deal with providing services to customers (for example -- stores have to have ramps etc). (Access laws, etc). A customer does not have the same rights as an employee -- but they do have rights.

I do not know how those laws apply, if at all, to customers with this claimed mental disability. (A company probably couldn't refuse to serve a customer with a disabilty -- but I sincerely doubt that the customer would have a right to behave in any manner they want by claiming a disability).

It seems to me that she would have very little in the way of a claim and that your manager did the right thing by intervening. Also, I don't see how a manager's intervention to try to control an abusive situation can be an ADA violation. But you may want to check with a specialist on the other provisions of the ADA.

Good Luck!

Hatchetman

[font size="1" color="#FF0000"]LAST EDITED ON 03-11-02 AT 02:03PM (CST)[/font][p]

The issue here falls under Title III of ADA, which is administeered by the Department of Justice. The DOJ guidelines on Title III aren't as extensive as they are with EEOC'S Title I. You should search out DOJ's ADA website at [url]http://www.usdoj.gov/crt/ada/adahom1.htm[/url]. It may provide some guidance on whether or not you need to permit a claimed disabled individual to verbally "assault" your employees (my SUSPICION is that you may need to let her rant, but you can do it with some restriction as long as you still provide services to the individual).