At the British Academy Film Awards – better known as the BAFTAs, the U.K.’s version of the Oscars – a man with Tourette’s Syndrome interrupted the ceremony while actors Michael B. Jordan and Delroy Lindo were presenting an award, shouting a racial slur.

That public moment raises a workplace question: If an employee with Tourette’s involuntarily uses the N-word around Black colleagues or the B-word around women, does the Americans with Disabilities Act (ADA) require the employer to keep him in his job?

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TL;DR: Tourette’s Syndrome can qualify as a disability under the ADA. But the ADA protects qualified individuals – meaning employees who can perform the essential functions of the job, with or without reasonable accommodation. Courts have held that where a role requires customer-facing interaction and “excellent customer service,” repeated, audible racial slurs and profanity can render an employee not “otherwise qualified.” The ADA may require reassignment to a vacant, non-customer-facing role. It does not require an employer to ignore conduct that undermines essential job functions or creates predictable harassment risk.

📄 Sixth Circuit decision | 📄 District court decision

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A Sixth Circuit case involving Tourette’s and retail customers

In a Sixth Circuit Court of Appeals case, the court addressed a delivery merchandiser with Tourette’s Syndrome and coprolalia, a rare symptom that can cause involuntary obscene or socially inappropriate vocalizations.

His job required servicing retail stores, fostering relationships, and providing superior customer service, including “excellent customer service skills.” He worked inside stores open to the public.

The employer received complaints from store managers that the employee was audibly using the N-word and profanity in stores. The employee acknowledged that stress could increase his tics. At one point, his physician restricted him to working only if he was “present with another driver.”

“Excellent customer service” was essential

Both the district court and the Sixth Circuit treated customer service as an essential function of the role.

The courts concluded that an employee who sometimes involuntarily uses audible racial slurs and profanity in customer stores cannot provide “excellent customer service” in that setting. The fact that the conduct was disability-related did not alter the essential-function analysis.

The ADA protects qualified individuals. It does not eliminate essential job requirements.

Accommodation was required – but not the one requested

The employee proposed alternative delivery routes.

• One proposed route was not shown to be vacant at the relevant time.
• Another still involved customer interaction.
• The ADA requires reassignment to a vacant position, not the creation of one.

The employer reassigned him to a vacant warehouse position with no customer interaction. Even though the pay structure differed, the Sixth Circuit held that reassignment to a vacant position can be a reasonable accommodation, including to a lower-paying role if no comparable vacancy exists.

Now apply this to coworkers

Replace “customers in a retail store” with “coworkers in a meeting.”

An employer has obligations under the ADA. It also has obligations under Title VII of the Civil Rights Act of 1964 (Title VII) to prevent race- and sex-based harassment. If disability-related outbursts regularly include racial or sexist slurs, the employer is managing both accommodation duties and harassment risk. In these situations, explore accommodations thoroughly. If a vacant role with limited interaction exists, it might be a reasonable path—but the law does not require creating an entirely isolated job.

The ADA does not require an employer to tolerate conduct that prevents an employee from performing essential functions. Nor does it require permitting conduct that predictably creates a discriminatory workplace for others.

Employer takeaways

1. When slurs are involved, consider both ADA and harassment risks. In most ADA cases, the analysis focuses on whether the employee can perform essential functions with a reasonable accommodation. Here, the conduct itself may create race- or sex-based hostile work environment risk. Employers must think about protecting the disabled employee and protecting coworkers at the same time.
2. Define essential functions clearly. Make sure job descriptions accurately reflect what is truly central to the role. Courts give weight to written descriptions and consistent expectations when deciding whether a function is “essential.”
3. Document what is actually happening. Record complaints, direct observations, and any medical restrictions. In the Sixth Circuit case, undisputed evidence that slurs were audible and understood in stores drove the outcome.
4. Engage in the interactive process in good faith. Explore reasonable accommodations, including reassignment to a vacant non-customer-facing role where available. Keep a record of what was considered and why certain options were not workable.
5. You do not have to eliminate essential functions. The ADA does not require rewriting a job to remove customer or colleague interaction if that interaction is central to the role.

The bottom line

Tourette’s can be a protected disability, but employers must balance accommodations with essential job requirements and a harassment-free workplace for everyone.