Diversity & Inclusion

EEOC: ADA Allows You to Discipline the Disabled

The Equal Employment Opportunity Commission (EEOC) has issued a comprehensive question-and-answer guide addressing how the Americans with Disabilities Act (ADA) applies to a wide variety of performance and conduct issues. According to the new guide, employers can apply the same performance standards to all employees, including those with disabilities. It also points out that the ADA doesn’t affect an employer’s right to hold all employees to basic conduct standards.

“The EEOC continues to receive numerous questions on these topics from employers and from individuals with disabilities,” said Chair Naomi C. Earp. She says that indicates “that there is still a high level of uncertainty about how the ADA affects these fundamental personnel issues. This document will serve a critical need and enhance compliance with the ADA.”

The new guide does make clear, however, that employers must make reasonable accommodations that enable individuals with disabilities to meet performance and conduct standards. It also explains how and when employees should request accommodations to help them meet performance requirements and comply with conduct rules and how an employer should handle those requests.

The guide reviews relevant ADA requirements and explains how they govern performance and conduct standards as applied to employees with disabilities. It useses examples that are based on actual cases and specific scenarios to explain when and how performance and conduct standards should be applied and the appropriate role of reasonable accommodation.

The guide adresses other ADA-related topics, including attendance, dress codes, and drug and alcohol use, and the circumstances in which employers can ask questions about an employee’s disability when performance or conduct problems occur.

For more insight, visit www.eeoc.gov/facts/performance-conduct.html.

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