An article published in the American Bar Association Journal of Labor & Employment Law examines how personality disorders—particularly narcissistic personality traits—are increasingly appearing in employment discrimination cases, even though such conditions are rarely recognized as protected disabilities under existing legal frameworks. The article, “Personality Disorders in Employment Discrimination Cases: The Narcissist at Work,” analyzes how litigants, employers, and courts are navigating the growing tendency to label workplace conduct through psychological terminology rather than traditional performance or misconduct frameworks.
While popular discussion often treats personality disorders as a management or cultural issue, the ABA analysis highlights broader legal, governance, and compliance implications for employers. Allegations that a supervisor or coworker exhibits “narcissistic” or similar personality-disordered behavior can influence internal investigations, disciplinary decisions, and litigation narratives—sometimes blurring the line between lawful performance management and claims framed under anti-discrimination or disability statutes.
From a legal and risk-management perspective, this trend presents meaningful exposure: informal or imprecise characterizations of personality traits may undermine an employer’s defense in discrimination or retaliation claims; missteps in addressing perceived mental-health issues can implicate obligations under the Americans with Disabilities Act and related state laws; and internal emails, evaluations, or investigative records referencing psychological labels may later become central evidence in administrative proceedings or court litigation.
The ABA article further underscores that courts remain skeptical of treating personality disorders as protected conditions absent clear medical evidence, but notes that careless language or poorly documented employment actions can still create liability—particularly where adverse decisions appear to be tied to perceived mental health rather than objective conduct or performance.
The takeaway is not to ignore difficult interpersonal behavior, but to address it through disciplined, behavior-based performance standards, consistent documentation, and legally informed investigation protocols—rather than diagnostic shorthand that can introduce unnecessary risk.
Outside Legal Counsel LLP advises employers, executives, and boards on employment-discrimination compliance, ADA and disability-law risk management, workplace investigations, and litigation strategy involving complex behavioral and mental-health-related issues. Contact us today.
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