EEOC has issued a guide addressing performance and conduct issues involving employees protected by the Americans with Disabilities Act.
The guide states that employers can apply the same performance standards to all employees, including those with disabilities, and emphasizes that the ADA does not affect an employer’s right to hold all employees to basic conduct standards. However, employers must make reasonable accommodations that enable individuals with disabilities to meet performance and conduct standards.
Other topics addressed include issues related to 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.
The guide is at www.eeoc.gov/facts/performance-conduct.html .