Stephanie Gambini worked as a contracts clerk for several years.?? During her employment, she was diagnosed with bipolar disorder and informed her supervisors.? ?She told them, and her co-workers, the types of symptoms she might experience as a result of her disability. ?She also revealed she was seeing a therapist. ?Her symptoms grew worse and her? therapist? made? a? medication? change.?? ?Soon after, she was called into a meeting with her supervisor who handed her a performance improvement? plan? that? began? with? the? sentence that her ?attitude and general disposition are no longer? acceptable.????? ?Ms.? Gambini? became extremely agitated, tossed the performance improvement plan across the desk, and stormed out of the meeting.? ?She called her therapist about suicidal ideations and was committed to a mental hospital for three days. ?The company granted her FMLA leave.?? Several employees, who knew she had been in the hospital, sent e-mails demanding Ms. Gambini not be allowed to return to work. The? company? terminated? her? FMLA? leave? and fired her. ?Three days later Gambini wrote a letter asking the company to reconsider because her outburst was caused by her bipolar disorder. ?The company refused. ?The case went to trial on claims of? disability? discrimination? and? FMLA interference.? ?Plaintiff?s counsel objected to the giving ?and ?omitting ?of? several ?jury ?instructions. The jury found for the defendant and the plaintiff appealed, asking for either judgment as a matter of law in her favor or a new trial. ?The Ninth Circuit ruled that a new trial was warranted, because the trial court had refused to give a jury instruction stating ?conduct resulting from a disability is part of a disability and not a separate basis for termination.?? ?The court held that ?where an employee demonstrates a causal link between disability produced conduct and the termination, a jury must be instructed that the employee was terminated on the basis of disability.? ?The Ninth Circuit? recognized? that? under? Washington? law the correct causation standard is ?a substantial factor? not ?the determining factor? holding that ?a decision motivated even in part by disability is tainted and entitles the jury to find discrimination?.??? ?The court rejected the employer?s contention that misconduct caused by a disability should be treated like misconduct by other non-disabled employees. ?The panel agreed that the district court had arguably erred by placing the burden of persuasion on the plaintiff to show a discharge during FMLA was motivated by the leave.? ?The court ruled any error was harmless because the employer did not terminate Ms. Gambini because she had taken leave, but for her workplace conduct.? ?The court rejected the plaintiff?s claim that under the WLAD a jury must be instructed that she only needs to prove that? a? proposed? accommodation? would ?plausibly? have succeeded.? ?The court refused to decide whether the WLAD recognized the ?direct threat? doctrine, reasoning that the employer litigated the case as one involving ?misconduct? rather than ?workplace safety.? Gambini v. Total Renal Care, 480 F.3d 950 (9th Cir. 2007)