Navigating Conflicting Interests for Different Protected Classes

Employers often must navigate between the conflicting interests of their employees, which may implicate different protected classes. What does an employer do, for example, when an employee with severe allergies can’t be around a disabled coworker's emotional support animal? Matters become even more complicated when an employee’s protected activity potentially violates company policy.

Recently, the Ninth Circuit Court of Appeals addressed this issue in a case involving the termination of two flight attendants for comments they made on an internal company message board. The employer determined these comments, which were critical of the employer’s