Twitter has been wild this afternoon with the news that Charlie Sheen has sued Warner Brothers and Chuck Lorre for $100 million for breach of contract (http://bit.ly/e7zTlq) for firing him from Two and a Half Men.
Up until now, I (like most of the world) have basically treated this whole thing like a car wreck....you know you shouldn't watch, but you just can't help yourself. However, this lawsuit brings a whole new focus on the situation.
What alot of media outlets are not reporting, but is of primary importance to HR, is that Sheen is claiming that he was fired because he's disabled (in accordance with the Americans with Disabilities Act). While TMZ is not my "go-to" news source, they did obtain a copy of the filing (http://tmz.vo.llnwd.net/o28/newsdesk/tmz_documents/0310_sheen.pdf), where points 77-79 detail that Sheen was fired because Warner Brothers accused him of having "physical and mental disabilities" and they "refused to reasonably accommodate Mr. Sheen" and "instead terminated Mr. Sheen's employment agreement."
The ADA Amendment Act of 2008 defines a disabled individual (among other causes) as being regarded as having an impairment. Additionally, major depression, bi-polar disorder, PTSD, OCD, and schizophrenia are automatic impairments that would be considered as disabilities.
By the letter of the law, Warner Brothers (and CBS) made a huge mistake when they referenced Sheen's "condition" as the reason for cancelling the season, and ultimately firing him.
While I expect the matter to be settled outside of court, it does pose a serious question for HR....not the least of which being "Can a comment, no matter how innocuous at the time, come back and lay the groundwork for an ADA suit?" Not to mention the fear that all those employees we secretly think are crazy can now sue us because we think that way!
- Heather
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