First let me say I am a disabled fitness intructor. A client of the facility came into the pool area where I work and inquired as to the use of the spa in the room. I told him that it was closed until class was over (abt 15 mins) but he was welcome to sit in it..just not able to turnon the spa bubbles...to make a long story short..this man flipped me off twice... went in the spa, turned it on causing me to cut class short for the 35 members in class. He was obnoxious and rude to myself, other staff and members of the club...actually stating his delight in ''pissing off'' so many people. Now this man is claiming to have a disability (undisclosed) that causes him to act this way and wants the incident disregarded and allowed in the future.
He is now claiming ADA rights to be an ass.
As a person with a disability (MS) ... this is MY workplace.. his behavior is upsetting to me and causes symptoms of my disease (stress causes flare ups)..what recourse do I and my employer have, if any?
If he were not claiming a disabilty, the policy of the facility is to terminate his membership.
1 Answer from Attorneys
Re: obnoxious client
There are no disabilities that I have heard that allow a person to "willfuly" behave like a jackass. The club should toss him barring better documentation of his "disability". - Max Rosenberg 203.521.4915