Disciplining Disability-Related Behaviors Can Be Discrimination—A Recent Federal Case Shows How

If you have a mental health or neurological disability and your school or employer is aware of it, taking adverse actions against you for behavior caused by that disability can constitute illegal discrimination. A recent decision by the U.S. Court of Appeals for the Second Circuit in Spring v. Allegany-Limestone Central School District shows how courts are holding institutions accountable when they act on disability-related conduct instead of responding appropriately.

In the Spring matter the plaintiff was a high school student with Tourette’s Syndrome and Callosum Dysgenesis—conditions that impaired his ability to communicate, process information, and regulate his emotions. His symptoms included verbal tics, such as involuntarily repeating profanities, and emotional outbursts when he was overwhelmed or confronted. These behaviors were not new or unexpected; they were well-documented and disclosed to the school. The plaintiff’s mother had specifically informed school staff and coaches that he could respond impulsively and use inappropriate language when he felt cornered or embarrassed.

Despite knowing this, the plaintiff’s coach removed him from the school’s baseball team after an incident at practice. Students were playing a roughhousing game that involved kicking each other. When plaintiff participated and was confronted by the coach, he swore and told the coach to “suck it.” The coach admitted that the plaintiff wasn’t removed for the physical act of kicking during the game, but for “what he said” and “how he acted” afterward—behavior clearly tied to his disability.

A jury found, and the Court of Appeals affirmed, that Gregory was discriminated against because of his disability. In light of the school’s knowledge of the Plaintiff’s disabilities, a reasonable jury could conclude that conduct caused by plaintiff’s disabilities motivated his removal from the team. In plaintiff’s case, the court determined that his disabilities substantially limited his ability to communicate and regulate his behavior, and that punishing him for conduct directly caused by those disabilities could violate federal law.

This decision is a powerful reminder: if you have a diagnosed condition such as anxiety, ADHD, autism, Tourette’s, PTSD, or another mental health or neurological disability, and your school or employer knows about it, you have rights. If you’re being disciplined, excluded, or penalized for behaviors that are part of your condition, it may be discrimination—and you may have a legal claim. If your disability is affecting your experience at work or school and you’re facing consequences because of it, speak with a lawyer right away. You may not have to face it alone, and taking action could protect your rights and future.