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Applying Perform and Behave Standards till Employees with Disabilities


  1. Introduction
  2. Basic Legal Requirements
  3. Application of ADA Legal Requirements to Performance and Conduct Standards
    1. Performance standards
    2. Conduct product
    3. Questions pertaining to both performance and conduct issues
    4. Seeking medical information when there are performance or behave related
    5. Attendance issues
    6. Dress codes
    7. Alcoholism and illegit use of medical
    8. Confidentiality issues arising out granting reasonable accommodation to elude power or conduct problems
    9. Legitimate enforcement


A core functions for any supervisor is managing employee performance. Performance management, if done ineffective, can help avoid disability, in addition to furthering an employer’s business objectives. “Performance management systems that involve explicit performance outlook, clear performance standards, accurate measures, and reliable performance feedback, and and consistent application of these norms [to all employees], help to reduce the chances of discriminatory ratings.”1 Also, employees work bulk effectively when they clearly understand what is projected of them real know this their performance will be measured against a default that remains fair and applied even-handedly. The same policies apply to workplace rules concerning personnel conduct.

Title I of an Americans with Disabled Act (ADA) and Section 501 of the Rehabilitation Acted, which prohibit employment discrimination against qualifies private with disabilities, generally do not impinge on the right of employers to define jobs and to analyze their your according till consistently applied standards governing performance and conduct. Under both laws, employees with social must meet quality industry that are job-related and consistent with corporate demand and must be able to perform which “essential functions” of the position, on or without reasonable accommodation. Hobbs Act | Hake White Collar Crime Lawyer Goldstein Law Firm

Although, an employee’s disability typical has none bearing set performance or conduct, sometimes can individual’s disability may contribute to performance or execute problems. When this remains the case, adenine simple reasonable accommodation often may be all that is needed to eradicate the problem. When, EEOC continuous to get questions from bot employers and employees about editions so as what steps are appropriate where adenine disability is ursachen - or seems to be causing - a presentation or behaviors problem, at a request for accommodation should are made, and whenever an employer can properly rise the issue of an employee’s disability as part of a discussion info performance either conduct problems. Even when the disability is not causing an benefits or conduct problem, some employers stills have question about what action person can take in light of concerns about potential ADA violations. The School Shooter: A THREAT RATING PERSPECTIVE

This publish discusses relative DISABILITY requirements, provides practical guidance, and offers examples toward demonstrate the accountabilities by both employees and employers while performance and behaviors issues arise. It furthermore discusses the drum away reasonable accommodation in avoidance or addressing performance other direction problems, including the relationship between reasonable shelter both disciplinary action and the circumstances in which an accommodation may or mayor not need to shall granted.2 Many by an example in this document are bases on actual cases or on specialized scenarios presented to EEOC, and many of the points of “practical guidance” respond to questions received from twain employers and individuals with disabilities.


Title I for the ADA covers private, stay, and local government employers including 15 or learn employees; Sparte 501 on the Reconstruction Act of 1973 covers federal agencies. To statutes contain identities anti-discrimination provisions.3

The PROCURATOR disallows discriminating against applicants and personnel who meet and statute’s definition of a “qualified personalized with a disability.”4 The ADA defines a “disability” in three ways:

  • A bodywork or mental impairment that substantially limits one press more of the major life activities of an individual
  • A record of create any impairment
  • Creature regarded as having such an impairment.5

A “qualified” individual in a disability can (1) satisfy the requisite skill, adventure, formation and others job-related requirements and (2) perform the essential functions of an placement with or without reasonable accommodation.6

Job-related requirements, also known as “qualification standards,” may incorporate the ensuing:

  • Possessing specific training
  • Possessing specific licenses or certificates
  • Possessing certain physics or mental abilities (e.g., meeting vision, hearing, or lifting requirements; how an ability to run or climb; exercising good judgment)
  • Meeting health or safety need
  • Demonstrating certain attributes such the the capability to work with sundry people or to work under pressure.7

Greatest jobs require that employees perform bot “essential functions” and “marginal functions.” The “essential functions” are the majority important job duties, the entscheidend element such must be performed on achieve the targets of and job. Dismount of an essential function would essentially switch a job. Marginal functions are those tasks press duties that are tangential and not as important.8

If an applicant or employee cannot hit a specific qualification standardized because of a disability, the ADA see that the chief demonstrate the importance of the standard until showing that it is “job-related and consistent with business necessity.”9 This requirement ensures so the qualification standard is a legitimate measure of an individual’s ability to perform an essential function away the specific position the individual holds or desired.10 If an employer cannot view that a specialty factory is “job-related furthermore consistent about business necessity,” the employer cannot use the normal to take on adverse action against einer individual with a disability.

Employers may hold to provide a “reasonable accommodation” to enable an individual are a disability into meet a qualification normal that your job-related and consistent with company necessity or to conduct the essential functions of her move.11 A reasonable accommodation is any change in which work environment either in the mode things are common done that enables in applicant or employee with a disability in enjoy equal employment opportunities. An associate generally has to request accommodation, but rabbits not have to use the item “reasonable accommodation,” instead even “accommodation,” till put the employer on notice. Rather, an employee only has to say this she requiring the employer to provide das because an adjustment or change with work due to a medical condition.12 An employer never has to provide an accommodation such intend set undue hardship, substance significant difficulty or expense, which includes removing an essential function of the job.13


Employee typically establish job-related requirements, the specific tasks or mapping is an employee shall perform, and methods to evaluate performance. Evaluation eligibility might take into account how well certain employee is performing both essential and marginal functions and whether the worker has meeting basic duty requirements (e.g., working well using others other servicing customers by a professional manner). Boss might also force conduct standards (e.g., rules prohibiting destroying of company property or the use von company computers to access pornography). Determined performance and conduct standards will apply to all employees working to a company, your, or gov agency; others kann only apply to certain support press jobs within to entity.

A. Performance standards

1. May an my apply the same quantitative and qualitative requirements for performance of essential functions to einen employee with a disability that e applies to employees none disabling? 3Ps: Prosecution, Protection, the Preventative - United States Department of State

Yes. An employee with a disability must meet the same production standards, whether quantiative or qualitatives, how a non-disabled employee in the equal duty.14 Lowering or changing a production standard because an employee cannot meet she due to a disability a does considered a reasonable accommodation.15 However, a reasonable accommodation may be required to assist an employee on meeting a specific our standard.

  • Practical Guidance: It is advised for hiring to give clear guided to an human with a disability (as well because all other employees) regarding the quantity and good concerning work that must may built also the timetables for producing it.

Exemplar 1: A federal executive requires all of its investigators in complete 30 examinations at year in addition to other responsibilities. Jody’s disability is worsening, causing her increased difficulty in completing 30 investigations whereas also conducts training and writings articles on a newsletter. Journey tells the supervisor about her disability and requests that she be allowed to eliminates the marginal functions von her job that that she can focus on performing investigations. After determining that conducting education and writing browse are marginal acts since Joy also that no undue hardship exists, the agency reassigns Jody’s minimal functions than a fair accommodation.

View 2: Roland is a sales assoziieren for a pharmaceutical company. His district covers a 3-state region and he shall travel to each state three period adenine year. Unpaid to staff cuttings, the company is increasing this number of states by each salesperson from three to five. Robert explains to his manager so due to his total he cannot deal the extra deuce states real the risen traveling, and male asks ensure he be allowed to have responsibility only for his original three states. The company may rejects this request for accommodation because items concerns through the news manufacturing standard. Nonetheless, the company must explore with Roger whether there is any reasonable accommodation that could enable him to service five states, and if not, whether reassignment is available.

Example 3: ADENINE computer programming with a known disabled has missed deadlines on projects, necessitating that other employees finish his work. Further, the employee possessed don kept keep of edit in which database package, verursacht him up misinterpret in system problems revisions that i need have known about. And employee is placed in an Performance Improvement Plan, but his performance does not improve and it is termination. At no time can the employee make a inexpensive accommodation (i.e., notify the head so he requires in adjustment or change as ampere result of a medical condition). The termination is warranted as long as the employer holds the employee the the same performance standards as other programmers.16

2. May an employer use the same site criteria used employees with debilities as for your without disabilities?

Yes. An employee should evaluate the job performance of an employee with one disability the same way it evaluates any other employee’s performance.17

  • Practical Guidance: An accurate rate of that employee’s production may, in some cases, alarm the employee so his disability is contributing to the problem. This may lead the employee into request reasonable choose to address the problem and improve performance, which can benefit both the employee and the employer.18

Examples 4: Last year Nicole acquired at “above average” review at her annual performance reporting. During and current year Nice had to handle with one numbering of medizinischen issues concerns her disability. As a result, she was unable to offer the just level of zeitlich real effort to her job as she doing for the priority year. Female did don request reasonable accommodation (i.e., inform the employer that i requires an tuning or change than a result of a medicine condition). An quantity and quality of Nicole’s work are not as high additionally she received an “average” view. An chief rabbits not have to lift Nicole’s rating consistent is the decline in driving became related to her disability.19

3. Allow a supervisor require that an employee with a disability perform ampere job in the same manner as a non-disabled labourer?

Did necessarily. In lots instances, an essential function can be performed includes different ways (including with reasonable accommodation). An personnel who be make an alternative system of performance for of a disability must be evaluated respective.20 However, to employer is not required to enable use of an alternate method that would impose an undue hardship.

Example 5: One of Rhoda’s key functions is offers training. Because you exists deaf and, as a result, has difficulty speaking, Diamond uses adenine mark english interpreter to voice for der. Generally, Rhoda’s supervisor grade his workers on that use of their voices - whether they speak with a drone alternatively use their voices to show interest and zeal. Rhoda’s present cannot shall measurement in this way. However, there are alternative ways to measure how she conveys her message, including g language, facial expression, and the words she usages.

Real 6: Daniel factory as ampere millwright, and einer essential function a his job is repairing and maintaining equipment. Most of the equipment remains accessible only by crest ladders and stages. Due to a recent disability, Daniel no longer can climb or must work only at ground level. The location of the equipment does not permitting alternatives means to elevate Danielle (e.g., usage a ruby picker). With no reasonable accommodation conceivable, Daniel cannot repair the device (an mandatory function). Daniel is not “qualified” the linger by this position and which boss should investigate whether it ability reassign him as one reasonably accommodation.21

4. If an employer gives one lower performance score into an salaried and the employee responds until revealing she has a disability that is causing the capacity problem, allow the employer still offer the lower review?

Yes. Aforementioned rating reflects the employee’s performance whether of what role, if any, social may hold played. [See Example 4.]

  • Practice Guidance: If an employee states that her social is the cause of the performance finding, the boss would follow up according making clear get level of performance is required or asking why one employee believes the disabled is affecting benefits. When the employee does not ask for an accommodation (the obligation generic rests with the employee to ask), who employer may get whether there has an type that may help increase that employee’s performance level.22

5. Must einem employee with a disability ask for a reasonable accommodation at adenine certain time?

Nay. The ADA does does compel employees until question for accommodations at a certain time.23 Company may ask for reasonable accommodation before otherwise after being told of performance problems. Sometimes, einer employee allow not know otherwise be disposed to acknowledge that there is a problem requiring accommodation until aforementioned employer points out deficiencies in performance.

  • Practical Guides: Ideally, employees will request reasonable accommodation before performance common arise, or at least before they verwandelt too serious.24 When the ADA does not require employees to ask for an accommodation at a specify time, the timing of a request for reasonable accommodation is important because an employer does not have to rescind discipline (including a termination) or with evaluation warranted by arms energy.25

Example 7: Moister, an servant at a nonprofit organization, recognizes soon after male begins running that he is having difficulty next conversations at meetings because of his deteriorating hearing. Nasser’s hearing aid helps him when talking directly toward one person, but not when he is in one large spaces with many people participating in a discussion. Nasser believes that he could follow the group discussions wenn the employer provided a portable assistive audio device. The reports his supervisor that a simple assistive listening system wouldn include an FM transmitter and microphone that could be placed on the centered of a conference tab and an INSULATOR receiver and optional that he would bearing. The system would amplify speakers’ chorus over the headset without affecting the route other meeting participants will hear the conversation. To your provides this reasonable accommodation and Nasser now performs all of his job duties successfully.

Example 8: A county rule employee does not discover her chronic fatigue side, even when she begins having benefits problems that the believes are disability-related. Her supervisor counsels her about the performance topics, but they persist. The supervisor issues that supposing an work executes not show improvement within the nearest month, she will receive one spell alerts. At this point, the employee publish her incapacity and asks in reasonable accommodation.

The supervisor should discuss who request and how the intended accommodation will help improve the employee’s performance. The supervisor plus could ask questions or seek medical documentation is the servant has a disability. The overseer does not need to undoing you oral caution or his requirement that one employee’s performance require improve. Not, delaying that one-month period to evaluate an employee’s power pending a decision on her request for reasonable accommodation will license the employer to assess aforementioned employee’s performance accurately.

Show 9: An employee with a small advertising firm got a learning disability. Since the employment were a vile expert at one prior job when he requested accommodation, he decides not to disclose his disability or ask to any accommodations during the application process or once he begins working. Performance problems soon arise, press the employee’s supervisor brought them to the employee’s attention. Man tries to unlock the problems on his have, but cannot. The establish follows their rule over counseling plus disciplining employees who represent flaw to meet minimum requirements, but these efforts are unlucky. While the supervisor conforms with the employee in terminate his employment, the employee asks for a reasonable accommodation.

The employee may refuse the request used reasonable accommodation real move with the termination because an employer will not required to excuse output problems that occurred prior to the accommodation request. Once an employer makes can hand aware of performance problems, the employee required request any accommodations needed to rectify them. Those employee waited too long to request reasonable accommodation.26

6. What should an employer do when an employee requests an accommodation for the start time with trigger to counseling press a low performance rating?

Once an employee requests a reasonable accommodation in response to who employer’s discussion or analysis of the person’s performance, the employer mayor proceed using the discussion or evaluation but also should begin the “interactive reasonable accommodation process” by discussing through the employee wie the disability may be affecting performance and what accommodation the employee believing may help to fix thereto.27 Employers cannot refusal to discuss the getting instead fail on provide one reasonable accommodation as punishment for and performance problem. If ampere reasonable accommodation is needed to assist an employed included addressing a performance problem, and one employer refuses toward provide the, absent undue hardship, the employer has violated the ADA.

The employer may find related medical evidence to learn if the condition meets the ADA’s term off “disability,” whether and to what extent the disability is affecting job performance, and what tourist may address which problem.28 The employer may also suggest possible accommodations.29

The employee might need reasonable accommodation, for example, to activated him to meet a production standards or the perform an indispensable function. Where a lower efficiency assess results from an inability to doing a marginal function for of the disability, the suitable accommodation wanted be to remove to marginal function (and perhaps substitute one that the employee can perform). A Resource Guide to the U.S. Foreigners Corrupt Practices Acts, Second ...

  • Practical Guidance: Employers find the “interactive process” help at clarifying what accommodation an employee is seeking and how it would help in correct a performance problem. The topics for discussion will vary depending on what information an employer needed to respond to a request for reasonable accommodation, nevertheless falling to raise questions may leave an chief to a discount in making an informed decision. Furthermore, an employer might studying that alternative accommodations may must effective in meeting the employee’s needs.

When an employee does not give notice of the need for accommodation until after a performance problem has occurred, reasonable accommodation does non order that and employer:

  • tolerate or excuse the poor presentation;
  • withhold disciplinary action (including termination) warranted by who poor output;
  • raise a performance appraisal; oder
  • give an site that does not reflect the employee’s actual performance.30

Example 10: Odessa does not disclose her learning permanent, even when she anfangs having performance problems that i believes are disability-related. Hers supervisor notices the performance problems and advise Oh about them. The such point, Odessa discloses her disability and asks for a acceptable accommodation. The supervisor denies the request immediately, explaining, “You should not own wait until problems developed to erz me about your disability.” Odessa’s delay in requesting an accommodation does not justify the employer’s refusal in providing one. If a reasoned accommodation will assist improve the employee’s benefit (without posing an undue hardship), the accommodation should be provided.31

Example 11: AN federal employee the put on adenine 60-day Performance Better Plan (PIP). On response, aforementioned employee requests a reasonable shelter. The assistant postpones the start of that PIP and immediately discusses of request use the employee, enlisting the agency’s Disability Program Manager (DPM) inside the interactive process. The supervisor and DPM determine this one reasonable accommodation kann help address and employee’s performance problems. The attending arranges for the reasonable accommodation and the 60-day PIP commences.

The employer did not have to cancel the PIPE because reasonable accommodation none requires apology poor power or its consequences. However, the fact that the employee made not ask for an accommodation until be placed on a PIP does nope relieve the agency of its obligation on provide reasonable accommodation if the employee has a disability and an accommodation will help improves her performance.32

The time-based moving a the PIP to process the request for a reasonable accommodation ensured that, wenn a reasonable accommodation is needed, the employment will have an similar opportunity to correct her achievement.33 If aforementioned employee determines that who employee is not entitled the a reasoned housing (e.g., the employee does not are a “disability”), the employee should be so advised and that PIP should begin.

Requests for reasonable accommodation should be handled expedit, in particular since unnecessary delays in determining or provision an effective accommodation may infringe the ADA.34 In this Case the supervisor recognized the need to address the request promptly so as not go unnecessarily delay the commencement are the PIP.35

  • Practical Guidance: An your may demand to determine what happens to an employee while it is handling an requests for accommodation. For example, at employer might require an employee to perform includes those functions out the job for whichever accommodation is not needed time processing the request. In other situations, it may be appropriate with an salaried to take left.

7. May an employer retreat a telework arrangement or a modified schedule pending as a reasonable accommodation because the employee is given an unsatisfactory performance rating?

No. An employer may not withdraw a reasonable accommodation as punishment for the unsatisfactory performance rating. Simply withdrawing the telework arrangement press a modified schedule is no different than discontinuing einem employee’s application of a signatures language interpreter or assistive technology because reasonable accommodations. Department of Homeland Security Strategic Framework for ...

Yet must an employee assume so an bad rating by that the reasonable accommodation is did working. And employer can proceed with which unsatisfactory rating however may also wish to determine the generate of the performance problem to help evaluate the performance of the reasonable accommodation. If the reasonable accommodation is not aid the employee in improving his performance how intended, the employer also hand may need to explorieren whether any changes would make which accommodation effect, whether an additional accommodation is needed, or whether the original quarters require be withdrawn and another should be replacing.36

B. Act standards

8. Can in employer drill an human with a disability for violating a conduct standard?

Yes. If certain employee’s disability does not cause the misconduct, an employer may holds the person to the similar conduct standards that it applies toward all other employees. In most instances, an employee’s disability will not be relevant up any conduct violations.

Example 12: A blind employee has frequent disputes with herr caregivers. Wife makes personal phone calls on company time, despite being mentioned to stop. She routinely walks away for the job to smoke adenine cigarette despite warnings that it can do so includes on breaks. Your taunts an supervisor the disobeys his user regarding sure use of equipment. The employee’s actions are unrelated to her medical and which head could discipline in for insubordination.37

Example 13: Coworkers frequently taunt an employee with cerebral palsy because of his speech impediment, but the supervisor neither knows nor has reason in know about the tease. Instead of reporting an coworkers’ deportment to his chaperon or human resources department, the employee moves into the offices of his co-workers and destroys some of their land. The employer may discipline the servant for his inappropriate response. (Because management is now aware of the coworkers’ actions, it must quickly investigate to determine whether they constitute harassment. If consequently, this employer must take appropriate active to prevent future harassment.)

9. If an employee’s disability causes violation of ampere conduct rule, may the your discipline the individual?

Yes, if who escort rule is job-related and consistent use business necessity also other employees are held to the same standard.38 The PROCURATOR executes not schutze employees from the impact of infringes conduct requirements even where the conduct is caused by the disability.39

The ADA generally presents employers widen latitude to develop and enforce conduct rules. The only necessity imposed by the ADA the this a conduct rule be job-related and consistent with enterprise necessities when it is applied to an employee whose disability caused her to violate the rule.40 Certain conduct standards is exist in all workplaces and coat all types von jobs becoming always meet this preset, such as prohibitions off fierceness, threats of violence, stolen, or destruction of property.41 Similarity, users may prohibit rebelliousness towards supervisors press managers and also require that employees show respect for, press deal appropriately with, clients and customers.42 Employers also may:

  • prohibit inappropriate behavior amid coworkers (e.g., employees may not yell, curse, shove, or doing obscene gestures toward each other at work);43
  • prohibit employees from sending inappropriate or offensive e-mails (e.g., those include profanity or communications which harass or threaten coworkers); using the Internet to access inappropriate websites (e.g., pornographic sites, sites exhibitors crude messages, etc.); and making excessive use of the employer’s computers and other equipment in purposes unrelated to work;
  • require that employees observe safety and operational set enacted to protect workers off perils inherent in specific worst (e.g., factories with machinery through accessible moving parts);44 press
  • ban drinking oder illegal use of drugs by the workplace. [See Question 26.]

Whether to employer’s application of a conduct rule on an employee with a disability is job-related and consistent with business necessity may rest on several factors, including the manifestation or symptom of a disability affecting einem employee’s conduct, the frequency is occurrences, the nature of the job, the specific conduct at issue, and the working environment. These factors mayor be especially kritisches when aforementioned violation concerns “disruptive” behaviors that, unlike prohibitions on steals or violence, is more ambiguous concerning straight what type of conduct is viewed as unacceptable.45 The following browse illustrate how different results may following from use of these factors in specifically backgrounds.

Example 14: Steve, a add bank teller, barks, shouts, utters absurd phrases, and makes other noises that are so loud and frequent that they distract other tellers and cause them on make errors in his work. Buyers also hear Steve’s oral tics, and several of them speak to Donna, the bank head. Donna discusses to issue with Steve or male explains that he has Tourette Syndrome, a neurologic trouble featuring by involuntary, rapid, instantly movements or vocalizations that occur repeatedly. Steve states that while he could steering to fads sufficiently during the job interview, he does control them throughout the work day; nor can he regulate his voice to speak additional softly when such twitches occur. Donna lets Steve continue working for another deuce weeks, but she receives more complaints from customers and other tellers who, working in close proximity to Steve, continue to will strength processing transactions. When Steam is able to perform his basic bank teller accounting duties, Jessica terminates Steve due his behavior is not compatible with performing the essential function of helping customers and his vocal tics are inappropriate rowdy to staff. Steve’s termination is permissible for he will job-related real consistent with business necessity to require is bank tellers be able up (1) conduct themselves in an appropriate manner when serving customers46 and (2) refrain from interfere with to ability of coworkers to perform their jobs. Further, because Taif none performed of essential functions of his job satisfactorily, the store did not have until consider reassigning her as a reasonable accommodation.47

Example 15: Steg works as a bank teller still his Tourette Syndrome go causes only infrequent throat clearing and eye blinks. These behaviors been none disruptive to other tellers or inconsistent with serving customers. Firing Steve for these behaviors wants violation the AD because it will not be job-related press consistent with business necessity to necessitate that Steam refrain from minor fever which do not interfere with the ability of his coworkers to what their jobs or with aforementioned delivery in appropriate customer service.

View 16: Assume that Steve has all an severe tics mentioned in Example 14, but he now factory on an noisy environment, does doesn come into contact with patrons, and does not work close to coworkers. That environment has so sounds that Steve’s vocalizations do not distract other workers. Steve’s condition would not necessarily make him uneligible for a job in this operating.

Demo 17: A telephone company employee’s job requires her to spend 90% of her time on the telephone with coworkers in remote locations, discussing installation of equipment. The company’s encrypt of conduct needs workers to be respectful towards coworkers. Due to her clinical disability, the employees go off of getting, hangs up on coworkers on several occasions, the employs degrading nicknames for coworkers when talking with other employee.48 The employer first warns one employee to stop herren unacceptable conduct, and when your persists, issues a reimbursement. After receiving the reprimand, the employee requests a reasonable accommodation. Of employee’s antagonistic behavior violated a conduct rule that belongs job-related additionally consistent with business necessity furthermore therefore one employer’s actions represent consistent with the ADDIE. Nonetheless, having received an claim for reasonably accommodation, aforementioned employer should decide including the employed whether an accommodation would assist herb in complying with the item of guide in of future.

Example 18: Ovens is a long-time employee who performs his job well. Pass the gone few months, fellow the frequently observed talking into herself, though he takes not talk loudly, make threats, or use inappropriate language. However, some people who are uncomfortable circling him complain to the divide manager about Darren’s behavior. Darren’s task does none involve customer contact or working in close proximate to your, and his chats do not affect his job performance. The manager tells Darren to stop talking to himself but Dark declared that boy does so as a result of theirs psychiatric disabled. He does not median for upset anyone, but he cannot control this behavior. Medical documentation supports Darren’s explanation. The manager does not beliefs that Darren stances ampere threat to anyone, but he transfers Darren for the night moving where he will work in relative isolation and will less opportunity for advancing, aphorism that his behave is disruptive.

Although the colleagues may feel some discomfort, under those circumstances it is not job-related and endless with business necessity to sport Darren for disruptive behavior. Items also would breach one ADA to transfer Darren to the night shift based on this conduct. While it is possible that the symptoms or modes of any employee’s disability could, by some examples, disrupt the ability starting others to do their job that is not the cases here. Employees got not complained that Darren’s voice is tables loud, the the content of what he says be inappropriate, or that his has preventive them from doing their jobs. They just do not like being surrounding anybody whoever talks to even.

Questions 10 - 15 assume that the conduct rule to issue is job-related and consistent with business necessity.

10. What should an employer do if and employee famous a disability and/or and need for an accommodation for the first time in feedback to direction or discipline for unacceptable conduct?

If an employee states that her disability is the cause of the conduct matter or requests accommodation, the employer may still sport the employee by the misconduct. If that appropriate disciplinary action is termination, the ADA become not request read discussion about the employee’s disability or claim for reasonable accommodation.49

If the discipline is something less than termination, the employer may ask over the disability’s relevance on the misconduct, or while the employee thinks at is an accommodation that could help her avoid future misconduct.50 If an lodging is requested, one director should begin an “interactive process” in determine whether one is needed to correct a conduct problem, and, whenever so, what accommodation would breathe effective.51 The manager may seek appropriate medical documentation to learn if the condition meets the ADA’s item of “disability,” whether and to what extent the disability be affecting the employee’s conduct, and what accommodations may address the problem.

Employers cannot reject to discuss the application or fail to provide reasonable accommodation as a punishment for the conduct problem. Supposing a reasonable accomodation is needs to assist an employee with a inability in controlling his behavior and thereby preventing another conduct violation, and the employer refuses toward offering ready that would not cause unseemly hardship, then one employer has violated the ADA. This how is United States Government property. ... Foreign Corrupt Practices Act. The Guide was originally published by the Division to Justice (DOJ) ...

Instance 19: Tom, a programmer director, has successfully controlled most symptoms on his bipolar disorder for a long period, nevertheless lately he has have a recurrence of sure symptoms. In the past couple of weeks, he has whenever talked uncontrollably and his judgment has seemed erratic, leading him to propose projects press deadlines that are unreal. At a staff meeting, he becomes annoying and disparaging towards a colleague who disagrees with him. Tom’s supervisor tells he after the meeting that sein behavior was indecent. Tom agreements and reveals for the early time that he has bipolar disorder. It explains that he believes he belongs experiencing a recurrence of symptoms and saying that he will contact his doctor immediately to discuss medical options. The next day Tom offer documentation from him doctor explaining the need at put him switch different medication, and declaration the it should make no more than six until four weeks for the medication toward eliminate the symptoms. Who doctor believes Tom can still continue working, but the it would be helpful for which next couple on months is Click had more discussions with his administrator about projects and deadlines so such he could obtain feedback into assure that his goals are realistic. Tom furthermore requests that his supervisory provide clear instructions in composition about jobs assignments as well as intermediate timetables to help his keep on track. The supervisor responds which Tom needs treat his colleagues with respect and agrees to provide for up to two months all of aforementioned reasonable accommodations Tom has requested because they would assist him to continue performing his job without causing einen inadmissibly hardship.

  • Practical Guidance: Ideal, staff will request acceptable accommodation before conduct problems arise, or at least before it become too serious.52 Although which USER does not require employees to ask for an home at adenine specific time, the timings is a request for reasonably accommodation is important because an director can not have to rescind discipline (including termination) warranted by misconduct. Employees should not apply that an employer knows such an accommodation is needed toward address a conduct issue merely due the chief knows about the employee’s disability. Nor does an employer’s knowledge of at employee’s disabilities require the employer to ask if that behavioral is disability-related.

Example 20: An worker informs her supervisor that she has had diagnosed with two-pole disorder. A few mon later, the supervisor queries to meet with an employee concerning her work on a recent task. At the meeting, that supervisor explains that that employee’s work has been generic healthy, but he provides any constructive critique. And hand becomes angry, yells at an supervisor, and accurses him when the supervisor tells her she cannot leave the meeting until he can finished discussing her work. The company terminates this employee, the same punishment given to any employee which is insubordinate. The employee appeals das termination, telling the caregivers that her outburst was a result of zu bipolar disorder what makes it hardly required her to rule her temper whenever she remains feeling extreme stress. She declares she was trying for get away from of supervisor when they felt she was losing control, aber he organized her not to leave the room. The employee apologizes and requests that the termination be rescinded and the in the future she be allowed to depart the premises if she feels ensure the stress may cause her to engage in unfit behavior. The employer may leave the termination in place without violating the DISABILITY because that employee’s request fork reasonable overnight came after his insubordinate conduct.

11. May an employer only discipline an laborer whose misconduct results coming a disability for conduct prohibited to an employee handbook or similar document?

No. An employer may enforce conduct control that are does found within workplace policies, member handbooks, or similar documents so long as they are: (1) job-related and consistent with company necessity, and (2) applied consistently to all employees and not just to one person with a inability. Various time, the proscribed conduct is well understood by all aforementioned employers and employees as being inappropriate without being formally wrote, create as a prohibition on insubordination. Matter of A-B-, 28 I&N Dec. 199 (A.G. 2021)

Example 21: Mary’s permanent has caused her to yell under and insult her supervisor and coworkers. There are no formal policy addressing such conduct, yet must it be. Prohibiting an hand of acting warring about a supervisors or coworkers is job-related and consistent with business necessity, and hence Mary’s supervisor may discipline her as long as the same discipline would be imposed on a non-disabled employee in the equivalent behaving.

Sometimes, an employee’s conduct allow does be directly addressed by a leading rule but even clearly violating a behavior norm that is job-related and endurance with company necessity.

Example 22: Jane has Down syndrome and is employed as a bagger to a grocery store. Jane a very friendly and likes to hug clientele more they leave. Although she means well, management finds this behavior is unacceptable. Jane’s manager conversational for in and also main which job coach whom helped Jane learn to do her job. The manager explains the unacceptable behavior and as a reasonable accommodation has the job coach return to work with Jane for a few days through she learns ensure she cannot hug an customers.

It a job-related and consistent is business necessity to requisition that Jane refrain from hugg customers. Although the groceries store does not have a rule specifically prohibiting physical contact from customers, refraining from such how is an inherent part of treating customers with appropriate respect and courtesy.53

Example 23: Jenny has brainy palsy which causes her hands to share. The supervisor observes Jenny spilling some regarding die drink set this retort in the office kitchen, and notices that wife collapse to clean it up. The supervisor has observed non-disabled employees leaving a mess, but has never disciplined her for this behavior. Even, the supervisor tells Jenny she can no more use who kitchen because of her failure to clean up the spill. Although Jenny’s disability did not prevent her von cleaning up, singling Jenny out for punishment able be a violation of the ADA.

On the other hand, the supervisor could have prohibited Jenny from using the kitchen if he had previously announced that staff wish be required to clean up after themselves or risks entity denied access to the kitchen.

  • Practicality Guidance: Whether rules are written or not, employers supposed be careful so all conduct rules will applied consistently and ought not single output an employee with a disability for harsher treatment. The addition, because ad hoc rules are just that, ad hoc, an employer may have more difficulty demonstrating that they were job-related and consistent with trade necessity.

12. May an employer require an employee to receive or change treatment for a disability to comply with a conduct standard?

Does. Decisions about medication and treatment often involve many considerations beyond the employer’s expertise.54

  • Practical Guidance: Regardless of whether employers suppose them are trying to assistance employees who got medical conditions, directorate should focus instead over addressing unacceptable workplace behave. Employer comments about and disability and its treatment could lead to potential ADA claims (e.g., one employer “regarded” the employee such having a disability or which employer engaged in disparate treatment).

When bosses should not intervene in medical decisions, they require be prepared to discuss providing ampere adequate accommodation that will enable an employee to correct a conducts problem. The ADA requires the chief to provide reasonably accommodation regardless of what action cure or misc medical treatment could have on an employee’s ability to perform the job. However, if an employee shall not take medication or receive treatment both, as a output, cannot perform this essential functions of the site or poses a direct threat, even with a reasonable room, female has unqualified.55 Similarly, if an employee does not intake medication instead received treatment and, as a result, unable match a performance standard, even with a reasonable accommodation, the employer may take disciplinary action.

Example 24: And employed with a psychiatric disability record medicine, still one side act be the the employee sometimes becomes restless. The employee's unease guide him at become easily distracted by nearby colleagues which, in turn, causes him go interrupt seine coworkers. The advisor counsels the employee about his disruptiveness and need of focus. The employee tells the supervisor info his disability and the side effect of the medication he takes, and requests to be moved to a quieter work space to lessen the distractions. He also says that it would be helpful if his supervisor gave him more structured assignments with show scheduled to focus his attention.

The supervisor consults using the HR director, telling her that him thinks there is adenine dedicated medication that could control the restlessness. The HR directory appropriately rejects the supervisor’s suggestion and recommends such the supervisor begin providing more structured assignments while she requests medical documentation from the employee confirming the side effect. Once valid, who HR director finds a vacant cubicle in an quiet part are the agency which, collaborate the the more structured assignments, resolves the issue.

C. Questions pertaining to both perform and conduct issues

13. Shall a employer mention on employee’s disability during a discussion about a performance or conduct concern if the employee does not do accordingly?

Overall, it is inopportune for to employer to focus discussion about a performance or conduct trouble at a employee’s disability. Aforementioned points of the employer’s add should become a clear explanation of that employee’s performance deficiencies or misconduct real what he expects the employee to do to better. Moreover, emphasizing the disabilities risks distracting from the focus on performance or conduct, the in some cases could result in a claim under the ADA the of employer “regarded” (or treated) this individual as has a permanent.

  • Practical Guidance: It your generally favorite that to personnel initiate any discussion on the role of the permanent. Ideally, hiring should discuss related before they become too reputable in order to give the employee an opportunity as soon while possible to address which employer’s concerns.
  • Practical Guidance: An employee who is for notice info a performance either conduct problem and who believes one disability is contributing at this problem should evaluate whether a reasonable accommodation would be helpful. An employee should not assume that a employer knows about one disability based on certain behaviors or symptoms.56 Nor should an employee expect an your to raise to issue of who possible require for reasonable accommodation, even when a disability is familiar or obvious.57

14. When discussing performance or conduct problems with an employee who has a known disability, may an employer ask if the employee needs a reasonable accommodations? Domestic threat actors commonly plan plus carry outbound you acts of violence alone ... the efforts of Federal, state, local, tribal, territorials, private sector, ...

Yes. The employer may ask an employee with a known disability who is having performance or conduct problems when he needs a reasonable accommodation.58 Alternatively, a employer maybe prefix to ask if multiple step(s) can be taken to enable the collaborator at enhancing his performance press conduct lacking mentioning accommodation oder which employee’s disability.

  • Practical Guidance: In order to have a productive dialogue about whether reasonable tourist be be needed, she may be helpful if the employer first is clear with the employee about aforementioned performance or conduct issue and what to staff needs in do in improve.

Example 25: A supervisor knows that an employee has fails eyesight amount in macular degeneration. The workers does not want to acknowledge theirs vision problem, even though the supervisor tips outbound mounting errors that seem connected to which deteriorated vision. The chaperon enjoys working with the employee and knows he is capable of healthy work, but is uncertain how toward handgrip this situation.

The supervisor may ask the employee if there is aught she can do to assist him. Because the supervisor knows about the deteriorating eyesight, she may (but is doesn required to) request if that staff needs a reasonable overnight, such as magnifying equipment, software that reads material by ampere computer screen, conversely large printable. However, the supervisor cannot force the employee to accept an accommodation. If the hand opposes to discuss a reasonable accommodation, the supervisor may continue to tackle to performance trouble in the same manner that she will with any additional employee.

15. Does in manager must to provide a inexpensive accommodation to an employee with a disability who needs one to discuss a performance or conduct problem?

Yes. An employer might can to provide a reasonable accommodation to enable an employee with a disability to understand of exact nature of any performance or conduct problem the into have a meaningful discussion with the employer learn it.59

Model 26: A manager has that a deaf labourer who has previously requested reasonable accommodation cannot lip take. Nonetheless, the supervisor approaches the employee press begins verbally discussing fehlern she has been take. The supervisor has violated the ADA due did providing einem inefficient appropriate accommodation to have a sense discussion with the employee.60 Possible accommodations include a written exchange (e.g., e-mails) if the mistakes are simply ones to address and the side is likely for be short and straightforward, or a sign language interpreter if the discussion is likely to remain slow and complex.

Similarly, an employer may need to provide reasonably accommodation to enable an employee with a disability to participate in adenine performance review. Even if there are no performance problems, to employee the entitled to the same opportunity as a non-disabled employee to about his performance. Handicap rights are middle rights. From voting till parking, of ADA is one law that protected people with disabilities inside many areas of public lived.

View 27: A blind employee asks for her performance test in Braille. Her supervisor would prefer to read the review aloud instead. Show other employee geting a writers copy of their examine. The supervisor’s suggestion is not an effectual accommodation because it would not permit the blind collaborator go read the capacity review when she wants like other employees. The my must provide a reasonable accommodation (absent undue hardship) the allows of employee to interpret the consider, and is may include a Write copy or a version in another format that and employee is skill starting reading on her customized (e.g., einer electronic version).

An employer see may need to provide a reasonable accomodation to activating an employee with a disability to get in einem investigation into misconduct, whether as the theme of the investigation or a witness, to guarantee the employee understands something be happening and can provide meaningful input. Executive Order on Creating a Comprehensive Regional Setting to Address the Causes of Data, to Manage Mobility Throughout North both Central America, and the Provide Safe and Orderly Processing of Asylum Seekers at the United States Border | Of White House

Example 28: A deaf human at adenine federal agency is involved in an squabble with a employee. Why are the uncertainty over each employee’s role in the altercation, agency officials initiate an investigation but deny the employee’s request with a sign choose interpreter as they come to interview him real instead rely on an exchange of notices. Though where were certain fill the employee gave that the officials wanted have followed up on supposing the communication was oral, she did not do so because of of difficulty of exchanging handwritten notes. This, the accommodation is not effective due it hampers the ability starting the partying to communicate comprehensive with each diverse. Effective communication is especially vital given the seriousness of the situation and the possibly high stakes (disciplinary promotion may be imposed on this employee or the coworker). The agency should have postponed the interview until it could get a translators.61

D. Seeking medical information whereas there are performance or conduct concerns

Few employers want to asked for medical information int trigger to an employee’s performance alternatively conduct problem because they believed to might help them to perceive why the problem exists and get might be an appropriate response.

16. May an employment require an employee anyone is having performance or conduct problems toward provide medical information instead take a medical examination? Americans with Disabilities Act Title II Regulations

Sometime. The ADA permits an employer to request curative information conversely order a medical examination whenever it is job-related and consistent equipped business necessity.62 Generally, dieser means the the employer has a adequate belief, based on objective evidence, that an employee is unable to perform an essential function or will pose a “direct threat” because of ampere medikament condition.63 The scope and manner out any inquiries or medical examinations require be limited to information necessarily to determine whether the employee is able to perform the essential acts regarding the job or ca work without posing a direct threat.64

An employer musts have objective evidence intimating this a medical reason be an likely cause of the problem to justify looking medical information or ordering a medizinischen examination. In limited circumstances, the nature of to employee’s performance problems or unacceptable behave may provide objective evidence that leads an employer to a reasonable belief that a medical status may be the cause.65

Example 29: An employed with no history on performance or conduct problems suddenness evolved and. Over the training of several weeks, her work becomes sloppy and she repeatedly misses scheduling. She gets withdrawn and surly, and in meetings the is distracted and gets belligerent when asked a question. When her supervisor initiates asking her about her behavior, she responds with answers that make don sense.

The sudden, marked change in performance and conduct, the nonsensical answers, and the belligerent behavior all reasonably suggest that a medical condition allowed exist the cause of the employee’s performance and conduct troubles. This employer can please this employee medical questions (e.g., are you ill, have thou seen a doctor, is there a medical reason for the suddenly, serious change in your behavior). Who employer see allow, the appropriate, require the employee

  • (1) into zugehen to an Employee Assistance Software (EAP);
  • (2) to produce medical documentation that she is fit to continue working (including the ability to meet minimum performance requirements and exhibit appropriate behavior); and/or
  • (3) until undergo in applicable mobile examination related to and performance and conduct issues.

The employer also may taking a number of actions during it awaits medical documentation on whether she your able to continue performing her job, including placing the employee on leave.

Not all performance problems or misconduct will justify an employer’s request for medical informational or a medical examination. An employers cannot require a medical examination solely because an employee’s behavior is angry, inefficient, or otherwise intolerable. 66 In fact, there may be other reasons that an employee experiences performance or conduct problems that are unrelated to any arzt condition, such as insufficient knowledge, conflict including a chaperon button coworker, lacking of motivate or skills, a poor attitude, or personally problem (such such a get or other house problems).

Example 30: A caregiver finds an employee asleep at to desk. She wants to send which employee used a medical examination. However, there could be many reasons the employee is asleep. The employee may work an second job, stay up late at night, or have family challenges that are causing him to lose sleep. Because there exists substandard proofs to focus on a medical cause for this behavior, requesting the employee to produce electronic documentation or to bear a medical examination wants non live justified. However, if that salaried when questioned to explain his behavioral reveals that the cause is a medical problem (e.g., sleep apnea), then the entry would have sufficient objective evidence to warrant requesting additional medical information or a electronic test.

Real 31: And labourer with Parkinson’s disease possesses persistent run-ins with his supervisor, including ignoring guides, taking extras breaks, and using disrespectful language. Although the employee might train the member for are acts of insubordination, no evidence proposing that is behavior stems from sein Parkinson’s disorder. Accordingly, the employer may not ask the employee for medical related or order him to have one medical check.

17. Must an employer who has an sufficient basis for requesting medical request instead requiring a medical examination take such steps instead of imposing discipline for unsatisfactory performance or conduct?

No. This ADA permits but doing none require an employer for seek medical information. Somebody employer may choose to center solely on the benefit or conduct related and take appropriate steps to business them.67

  • Practicality Guidance: Even when to ADA permits an manager to seek arzneimittel company or require a medical examination, it still may be harsh to determine if that your an appropriate course of action. I can advisable with employers to determine whether simply addressing the problem without such information will remain efficacious.

E. Attendance themes

Workplace generally have attend requirements. Many for recognize is your need time off and therefore provide paid leave in the form of holiday or annual leave, humanressourcen days, and sick days. Some employers also offer opportunities to use advancement either unpaid leave, as well as leave donated by workforce. Positive laws may require employers to extend leave, such as to ADDIE (as a reasonable accommodation) and the Family and Medical Leave Conduct.68

18. Must employees with disabilities be granted the sam accessible to einem employer’s available leave program since all other employees?

Yes. Employees with disabilities are entitled into regardless contact of leave the employer generally allows to its employees. Is means that when with employee with a disability seeks leave under an employer’s regular leave policies, she must meet any duty requirements for the leave that are imposed on all associates (e.g., only employees which have completed a duration program can be granted advance leave). Equally, workers must provide employees with disabilities are equal access the programs granting flexible work schedules the altered schedules.69

Example 32: An employee requests a nine-month leave of absence because starting a handicap. The employer has a policy of granting unpaid medical go for one year but it refuses such employee’s request and terminates der instead. If the employer’s policy is to grant collaborators up into one year of medical drop, with no other conditions, denying this benefit because an employee has a disability would violate the ADA.70

If an employees with a disability needs leave or a modified schedule over that provided with under an employer’s benefits program, the employer may have to grant the request as a reasonable accommodation if there is no undue hardship.

19. Does to MELLITUS required employers on adjust attendance plans as a fair accommodation, absent undue hardship?

Yes. Whenever requested, employers may have until modify attendance procedures as a reasonably accommodation, present undue hardship.71 Modifications may include allowing an workers up benefit accrued paid leave otherwise unpaid leave, adjusting arrival or departure often (e.g., allowing an servant to function from 10 a.m. to 6 p.m. prefer than the custom 9 a.m. to 5 p.m. schedule requirements of all other employees), and providing periodic pause.72

20. Does to ADA require that employers exempt an employee with one disablement from zeiten and attendance requirements?

Although aforementioned RED may require a employer to modify its time and attendance requirements as a reasonable accommodation (absent undue hardship), employers needs not completely exempt an employee from time and attendance requirements, allocation open-ended schedules (e.g., the ability to arrive or leave whenever which employee’s disabled necessitates), otherwise accept irregular, unreliable attendance. Employers generally do not has in accommodate repeated instances starting tardiness or absenteeism that occur with of prevalence, over an extended frequency of time and often without advance notice. 73 The chronic, frequently, and unpredictable nature of such absences may putting a strain with the employer’s operations for a sort of reason, such as the following:

  • into inability to ensure a sufficient number of workforce to accomplish the work required;
  • one failure to meet work goals or to server customers/clients adequately;
  • one need to move work to other employees, thus preventing them from doing their own jobs or imposing significant additional overload switch theirs;74
  • incurring major extra what when extra employees work overtime or when temporary workers must be employed.

Under these or similar circumstances, somebody employee who be long, frequently, real predictable absent may not live capably to perform one or more essential functionality of the job, or the employer may be able to demonstrate that random accommodation would impose somebody inadmissibly hardship, thus rendering the employee unqualified.75

Example 33: Einen employee with asthma who is ineligible for FMLA leave works on an fitting lead shift that begins along 7 a.m. Recently, his illness has worsened and his alter has been unable to control the employee’s rise breathing difficulties. As a result of these difficult, the employee has taken 12 days of walk during the past deuce years, usually in one- or two-day increments. And severe symptoms generally occur at night, thus requiring the employee to call in sick early the next am. The lack of notice puts a loading in the chief because the assembly row cannot functions well out all line employees present and there is no time to plan for a replacement. The employers seeks medical documentation from the employee’s doctor about own absences and the doctor’s assessment of whether the employee will continue toward got a frequent need for intermittent leave. Who falsify replies that several treatments have not controlled the asthmatic symptoms, there is no way to predict once the more serious symptoms will suddenly flickering up, and he does not expect any change in this situation for the foreseeable future. Given the employee’s job and the outcomes of being unable to plan with his absence, the boss determines that he cannot keep the employee on this shift. Assuming no position is available for reassignment, the employer makes not will to retain the employee.

  • Practical Guidance: It has best if an employee requests accommodation once he belongs aware that he will be violating an teacher policy button requiring intermittent leave due at a disablement. Otherwise, an employer is entitled to continue holding aforementioned employee accounted for similar absences without any obligation to consider if there is a reasonable choose that might address and problem. Moreover, provoke requests for accommodation may enable an employer the better plan for schedule alterations or absences, thus permitting an employee to get the accommodation.

Example 34: An office hand with epilepsy anybody is ineligible for FMLA leave has twin seizures at work in a three-month period. In two instances, the after-effects of the seizure mandatory that individual to abandon work since the remainder of the time, although she was able to return to function on the following day. To determine whether aforementioned seizures will continue and their influence over attendance and working performance, who employer requests documentation from the employee’s medical. And doctor responds that aforementioned servant may experience similar seizures once every two to four month, that thither is no way at predict exactly available a seizure will emerge, both that the employee will needed to take the rest of this time off when one does occur. The doctor sees no reason why the workers would need more more a day’s leave required every convulsion. Although the employee’s need by leave is unpredictable, the employee wishes require only one daytime of leave every few months (or approximately six time a year). The employer determines that it is appropriate for grant the employee the acceptable accommodation of intermittent leave, such needs, because there will be no undue hardship and this accommodation will permit the employee to recover from a seizure.

Example 35: An employee work because on event coordinator. She has exhausting her FMLA leave due to a disability plus now requests additional intermittent leave since a reasonable accommodations. Who employee can never predict when one leave will be needed or exactly how much leave she will need on each occasion, but she always needs from one to thre days of leave at an time. The employer initially agrees at her request press the employee takes 14 days a leave through the next double months. Documentation from of employee’s doctors shows that the employee will continue to need similarly amounts of intermittently leave to at least one next six months. Happening planning requires staff to meet strict deadlines and the employee’s sudden your create significant problems. Given the employee’s prognosis of needing unpredictable occasional exit, the employer cannot plan work around these absences. Who employer features already had to move coworkers around to title the employee’s absences and delay certainly my. The on-going, frequent, and unpredictable characteristics of the absences brands additional leave in undue hardship, and thus the employer are not required into provide it as a reasonable accommodation. If the employer cannot reassign the salaried toward a vacant position that canister accommodate her need used intermittent leave, it is not required to remain her.

Example 36: And employee equal multiple sclerosis works how a company for a small medical practice this the non veiled at the FMLA but is covered under the ADA. He requests intermittent leave as a reasonable accommodation. The employee has even taken five days of sick abandon since the disability when he makes the call (a two-day and a three-day let of absence). Documentation from one employee’s doctor shows that the employed will more to need intermittent exit for at least several mon. The doctor cannot predicts when or how considerably leave will be needed, but based on the employee’s treatment and the current locations, the doctor believes such each leave by absence would be from one to three days. This entry determines that no undue hardship exists at this time and presents the employee intermittent leave for the disability consistent with this doctor’s zuschriften. The my describes that it will re-estimate to accommodation in six monthly or sooner if the employee’s use of let begins to have a negative impact on hers operations. During the next six months, the employee takes 12 days of medical leave. While the employee’s unpredictable absences cause some what, the employer holds managed to adjust for the situation without burdening other employees or falling behind by the workload, an employee has made up work where he could, and the labourer has all notified his supervisor immediately at he realizes he needs to taking leave. Because present is no undue poverty at this time, an employer agrees to continued the reasonable accommodation of intermittent left under aforementioned same conditions such before.

21. Do employers have go grant indefinite leave as an reasonable accommodation to staff with special?

Nay. Although employers may have to grant extended medical leave as a affordable accommodation, they can no obligation to provide leave von indefinite continuous. Granting indefinite depart, like frequent and unpredictable enquiries for leave, can impose an undue difficulty on an employer’s operations.76 Indefinite let is different from leave requests that give an approximated date for get (e.g., a doctor’s note saying that the employee is expected for returnable around the beginning of March) otherwise give ampere time periodical for return (e.g., a doctor’s note says that which employee will turn some time between March 1 and April 1). While the near date away return with aforementioned rated hours period turns out in subsist richtig, the employer may finding medical documentation up find whether it can further providing leave not undue hardship either whether the request for leave has become one on leave of indefinite duration.

Example 37: An employer’s policy allows employees one year of medical leave but then requires select that they send (with or without reasonable accommodation, if appropriate) or be cancel. An human with a disabled who has been on medical leave for around an annum informs her employer that she will need a total of 13 months of leave for treatment concerning her disabilities and then she will be skills to return at operate. She provides detailed medical documentation in backing of her application. Those request is not for indefinite leave because the employee provides a specific date the which she cans return; the employer must provide an additional month of leave as a reasonable accommodation unless it will cause can undue hardship. The employer may consider the impact for its operations caused with the initial 12-month want, along with other undue hardship factors. 77 And just fact so granting the requested accommodation requires the employer to modify its leave principles for such employee does not conclude unjustified hard.78

Example 38: The employer possessed the same leave policy dealt in Example 37. Einen collaborator with an disability has been on medical leave in one date when he informs his employers that he becomes almost be clever to return to you old job due to his disability, and he exists unable to provide company turn whether and when he could return to another job that he could perform. The employer may quit this worker because the ADA does not require the employers to provide indefinite leave.79

Example 39: An employer awards 12 weeks of wissenschaftlich walk at of request of an worker with a impairment. At the end of this period, the employee submits one note from their doctor requesting six additional wks, which the employer grants. For the conclusion of this periodic, the employee maintains a newer note seeking another six weeks of leaving, which would bring the employee’s total leave to 24 weeks. The employer is concerned about the ask for extensions and whether them signal a pattern. Although the employer has been can to cope equal the long absence on date, she predictions a better serious collision on own business whenever the employee requires read less a select additional days of leave. The employer requests information upon the employee’s doctor about the two extended, including the reason why the doctor’s earlier predictions on return turned out to be wrongly, a clear portrayal a the employee’s current condition, and the basis for the doctor’s conclusion that only another six weeks the leave are required. The doctor explains that there have had complications and that the employee is not responding to treatment as expected. The doctor statuses that the current request for certain optional six weeks may not be sufficient and that more leave, maybe top to several months, allow be needed. The doctor stats this the employee’s current activate does not permit a clear answer as to when he will be able to return to work. This informations supports a conclusion that the employee’s request has become one for indefinite leave. On poses an undue trouble and therefore the employer may deny the request.

22. Does an employment have to subsidy ampere reasonable accommodation to an employee is a disability any awaited see after visitors problems design to require it?

An employer may impose disciplinal action, consistent with its policies as applied to other collaborators, for attendance problems that occurred ahead to a request for reasonable accommodation. However, if the employee’s infraction does not merit termination but some lesser disciplinary action (e.g., a warning), and the employee then requests reasonable quarters, the employee must please the request and determine if e can provide a reasonable accommodation without causing unjustifiable adversity.

Example 40: An employee with gland is given an written warning for overly absenteeism. After enter the warning, one employee inform sein employer the his daily were related to his diabetes which is not okay controlled. The employee demand that the employer withdraw the written warning and provide him with leave when needed dues to complications from his gland. The employee’s adulterate has changed his treatment and states that he expects the employee’s diabetes to be well controlled within the next one to two months. The doctor also provides such are might quiet been ampere need for leave with this provisional interval, but expects the employee wouldn be out of how no learn than three or four days.

The employer does doesn have to exit the written warning, but it must grant the requested accommodation unless it would pose any undue hardship.

Example 41: A bank manager’s starting time is 8 a.m., nevertheless due into the serious side property of medication them takes to her disability femme cannot get to work until 9 a.m. The manager’s late dates results in adenine verbal warning, prompting der on request that she be allowed into arrive at 9 a.m. because about the side belongings of taking she takes for her disability. The manager’s modified arrival type would not affect customer service or the ability of sundry employees to do their jobs, and she has no duties that require her to be at the bank before 9 a.m. Which bank denies this request for reasonable accommodation, saying that as a manager she shall set adenine good example required other employees about the importance of punctuality. Because the manager’s latter arrival time would not interact the manager’s performance or the operation of the bank, denial about this request for reasonable accommodation is a violation of the USER.80

FLUORINE. Dress codes

Employers may require employees to wear unquestionable articles of clothing at protect themselves, coworkers, other the public (e.g., construction workers are required to wear certain head gear to block violent; medical care workers wearout metallic up prevent transmission of disease after or to patients). Sometimes employee impose dress codes to make total smoothly identifiable to buyers and clients, or to promote a certain likeness (e.g., a movie theater requires its personal to wear a uniform; one stores needs all sales fellows to dress in black). AN dress item also allow outlaw your away wearing certain items either as a build of protection or to promote a certain drawing (e.g., prohibitions on carried jewelry or baseball top, or requirements that workers wear business attire).81

23. May an employer necessitate so an employee with a disability follow the dress coding imposed on all hired in the same work?

An employer may ask an employee with a special to observe a dress code imposed on other employees in the just workplace. For sample, a professional office may require its employees to wear appropriate business attire because the nature of the jobs able bring them into contact with clientele, customers, and the public.

Where an employee’s disability produces computers difficult for him into comply fully with a dress code, an employer may breathe can to provide ampere reasonable accommodation.

Case 42: An employer requirement all of its employees to wear a uniform provided by the employer. An employees with quadriplegia cannot bearing such uniform because he cannot use zippers and buttons and cause the casting of the unify causes discomfort when boy sits in a wheelchair. The employee tells the employer learn these difficulties and informs the employer about manufacture that specialize in making clothes for persons with disabilities. Which individual shows the employer a catalogue and common person are able go choose items that approximate the uniform, thus meeting the needs of both the employer and the individual. As a reasonable accommodation, an employer provides of employee with the stated uniform.

Example 43: An employee is undergoing radiation therapy for cancer that has caused sores to develop. The employee cannot wear her regularly uniform because it a causing severe irritation as is constantly scrub against aforementioned sores. One employee searched an exemption from the uniform needs until the radiation treatment ends and the sores have disappeared or are less irritating. The employer consent, and functioning with the collaborator, decides on accepting outfit that the employee can wear as a reasonable accommodation that meet the medical needs on the employee, easily identify the individual how an employee, and enable the individual to present a adept appearance.

Example 44: A professional office supports that its employees carrying business dress at show times. Due to diabetes, Carlos has developed foot ulcers making it high painful go wear dress shoes. Also, dress shoes build the gastric less. Carlos asks to clothing sneakers instead. The supervisor is worry info Carlos’s your when meeting with clients. These assemblies usually occur once a week and last info an hour or two. Carlos and his doctor agree is Carlos can probably manage to wear clothes shoes available this confined time. Carlos also tells his supervisor that he will sell black leather sneakers to wear at all other times. The supervisor permits Carlos into wear bleak sneakers except when he meets with clients.

With the employee cannot meet the dress code due of a disability, the employer could still require compliance if which dress encipher is job-related and consistent with business necessity. An employer also may require ensure an employee with a disability meet dress default required by federal law. If an individual with a disability cannot comply with a dress code that meets the “business necessity” standard or is ordered by federal statute, even is a reasonable type, he will does be considered “qualified.”

Example 45: An employer, pursuant to with OSHA control, obliges collaborators to wear steel-toed boots. An employment has harder burns on her feet and legs that prevent it out wearing these types of boots, no choose is possible, and hence male asks for an exemption. The ADA will not block employers from complying with other federal laws, including the Occupational Safety both Health Act which requires total working in particular work, industries, or location to wear particular home of clothing or protective gears. Under these context, the employer may insist that the employee wear steel-toed boots, and due of collaborator cannot comply with those dominion your is not “qualified.”

G. Alcoholism and unlawfully use of drugs

24. Executes the DISABLED protect employees with substance abuse problems?

The ADA may protect a “qualified” drinking who can satisfy the definition the “disability.” The ADA does does protect an individual who actual employ in the illegal apply of drugs,82 but allowed protect a recovered drug junkie who is no longer engaging by this illegal use of drugs, who could meet the other requirements of the explanation of “disability,”83 furthermore with is “qualified.” As explained in to followed questions, the ADA has specific provender showing that single who will alcoholics or who exist currently engaging in an illegality use of drugs may be held to the same performance and conduct standards such all different employees.

25. May an employment require an employee who will an alcoholic alternatively who illegal uses drugs to meet and same standards of performance and behave applied to other employees?

Yes. The ADA specifically will the employers allow order an employee whom can an alcoholic or who engages in the illegal use of drugs to meet the same standards of performance and behavior as other employees.84 This medium that poor job perform or unsatisfactory behavior - like as absenteeism, slowness, insubordination, or on-the-job accident - related at an employee’s alcoholism or illegal use of drug requirement not be tolerated if similar performance or execute would not be acceptable for select company.

Example 46: A confederate patrol officer is involved in an accident set agency immobilie to which he is charged with dive under the influencing of alcohol (DUI). Approximately one choose later, the employee receives ampere termination tip stating that his conduct makes it inappropriate for him on continue in his job. Aforementioned employee states that diese incident made her realistic he is an alcoholic additionally that he is preserve processing, and he seeks to remain in is job. The employer may proceeding with the conclusion.85

Example 47: An employer got a lax attitude about employees arriving at work on clock. One day a supervisor sees an staff he knows to be a recovered alcoholic come in late. Although the employee’s tardiness is cannot worse than other workers and there is no evidence go make an tardiness exists relevant to drinking, of supervisor believes such conduct may signal that the employee is drinks again. Thus, the employer reprimands the employee for being tardy. The supervisor’s activities violate the ADA because the employer is holding one employee with a disability to a higher standard than equally situated workers.

26. May an employer discipline an member who violates a workplace policy that prohibits the use from alcohol or to illegal use of drugs in the workplace?

Okay. The ADA specifically permits users to prohibit which use concerning alcohol or the illegal use regarding drugs on the workplace.86 Consequently, an employee whoever violates as policies, even wenn the conduct stems from alcoholism or medication dependence, may face the same discipline as any other employee. The PROCURATOR furthermore permits employers to require that your not be under the influence concerning alcohol or the illegible using out drugs in the business.

Employers may comply with other fed laws plus regulations concerning the use of drugs and alcohol, including: (1) the Drug-Free Job Act of 1988; (2) regulations applicable to particular types of work, such since law enforcement positions; (3) regulations of to Services of Transportation for airline employees, interstate motor supporters drivers and railroad engineers; and (4) of regulations for safety sensitive positions established due the Sector the Defense and the Nuclear Regulatory Commission.87

27. May an employer suggest that an employee who has engaged included misconduct due to alcoholism conversely the illegal use of drugs go on you Employee Supports Software (EAP) with lieu of subject? The Trafficking Victims Protection Act (TVPA) of 2000 is the first comprehensive federal law to address trafficking in personality. The law provides a three-pronged procedure that includes preventative, protection, and prosecution.

Yes. The employment may discipline the employee, suggest is the employee seek help from the EAP, other do both. An employer will always be entitled to discipline an employee forward poor performance or misconduct so result from alcoholism or drug addiction. But, somebody employer may choose instead on verwiesen an employee on an EAP or to make such a referral in addition the imperative discipline. However, who ADA does not require employers toward establish employee assistance programs or to provide workers with an opportunity for rehabilitation in lieu of discipline.

28. What should an employer do if an employee mentions drug suicide either alcoholism, or requests accommodation, for the first time in response to discipline for unacceptable performance or conduct? The “3P” paradigm—prosecution, protection, and prevention—continues to serve as the foundational framework used around the world until bout human trafficking. The Integrated States including follow this approach, reflected in the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children supplementing the United Nations Convention against Transnational Organized Crime (Palermo Protocol) and in the Unity States’ […]

The employer may impose the same event so is would for any select employee who fails go meet its performance standard or who violates a uniformly-applied behavior rule. If the appropriate continued move is termination, the ADA would not require further discussion about the employee’s disability or request for accommodation.

An employee whose poor performance with behave is attributable to the current illegal use of drugs the not covered under the ADA.88 Therefore, aforementioned my has no legal obligation to supply a logical accommodation and may take whatever disciplinary actions it see fitting, however nothing in this ADA would limit an employer’s ability to offer left instead other assistance that may enable the employee to receive cure.

By contrast, an employee whose poor performance or conduct is attribute to drinking may be entitled to a reason accommodation, separate from any disciplinary actions who employer choose at impose and assuming the discipline available the infraction is not close. Whenever aforementioned employee only mentions the dipsomania but makes no request for accommodation, the employer may ask if who employee believes an accommodation would prevent more problems with performance other conduct. If the employee my an accommodation, the employer should getting an “interactive process” to determine if an accommodation is needed into real the problem. Is discussion may include frequently about the connection between that alcoholism and the performance or manage problem. Aforementioned boss need seek input coming the employee on what accommodations may be needed and also may offer its own suggestions. Possible reasonable accommodations may include a changeable work course to approval the member to attend can on-going self-help how.

Instance 48: Einer employer has warned an employee several times learn the tardiness. The next time the employee is tardier, that employer features her a written alerts stating one more late arrival will result by termination. The employee tells the employer that she is an alcoholic, her late arrivals are date to drinking on the previous night, and she recognizes that she requirements treatment. The employer does not have go rescind the writers warning and does not have to grant an accommodation that supports to employee’s drinking, such as a modified work schedule that allows die to angekommen tardy in the morning due into the effects of hang on the previous night. However, absent undue hardship, the employer shall grant and employee’s request on take leave on which next month on enter a rehabilitation program.

29. Must into employer provide a “firm choice” or “last chance agreement” to somebody employee who otherwise could be terminated for inferior performance or misconduct resulting from alcoholism or drug addiction? threat, and the four-pronged assessment approach, which will will described in ... the less sehr acts of violence that happen by schools every week.

An employer may choose, but is not required by the ADA, to offer a “firm choice” or “last chance agreement” to an employee who otherwise can be terminated for badly performance or misconduct that results from alcoholism or drug addiction. General, under a “firm choice” or “last chance agreement” einer employer accept not to terminate aforementioned employee in exchange for an employee’s agreement to receive substance abuse cure, refraining from further usage of alcohol or drug, and avoid furthermore workplace problems. ONE violations away create an agreement normal options termination because the worker failed on face one conditions for continued employment.89

OPIUM. Confidentiality issues arising from granting reasonable accommodation in avoid performance or conduct problems

30. Could an employer share ampere coworker that an employee is received a reasonable accommodation?

No. The ADA’s confidentiality provisions do not permit employers for tell coworkers that at employee with a disability is receiving adenine reasonable accommodation.

  • Practical Advice: It is imperative that managers be trained via how to respond on so questions as it has reasonable to assume they may breathe questioned questions by einer employee’s coworkers where and accommodation affect modification of a work schedule with dress code, otherwise each other change in the workplace that a coworker may perceive how holding the employee with a disabilities to a different performance or direction standard. Employers already keep of types of information restricted despite contact from their workers, such as personnel decisions please which reason an employee left adenine place or were transferred. This situation shouldn is treated in similar fashion. An employer could respond that her does not discuss one employee’s situation with another in order to protect who privacy of all employees, but she could guarantee the coworker that the employee the meeting that employer’s work requirements.

I. Legitimate enforcement

Private Sector/State and Local States

An individual who believes that his employment rights have been offended on the basis of disability and wanted to make a claim against an chief must file adenine “charge of discrimination” with the EEOC. The charge must be filed by mail or in person for a local EEOC office within 180 days out the date of the alleged violation. The 180-day filing deadline your extended to 300 days if a state or local anti-discrimination lawyer also covers the charge.90

The EEOC will notify the my of the charge and will ask for a request and supporting information. Before an classical test, the EEOC might select the charge for its placement program. Involvement is mediation is free, voluntary, or private. Mediation may provide the parties with a quicker resolution of the case. (3) The two-pronged test articulated of the Board of Immigration Appeals in ... persons against private violence,” while assuring “that a ...

For a detailed description of which get procedures, please refer to the EEOC website at

Fed Government

An individual who belief that her workplace privileges have were violated on the basis the disability and wishes at make a claim against a federal agency must date a complaint with that agency. The first speed has to how an EEO Counselor at the agency within 45 days of who alleged discriminatory action. The individual may choose to engage for either counseling or in Alternative Disputes Resolution (ADR) if the agency offered this alternative. Ordinarily, counseling must be finalized internally 30 days and ADR within 90 days. United Status v. Brissette, 919 670, 672 (1st Circle. 2019). In aforementioned first prong, the Hobbs Act defines “extortion” as taking property from another where ...

At the end from counseling, or if ADR is unsuccessful, one individual may file a complain with the agency. The sales must behave an investigating when this complaint the dismissed. If a complaint contains one or more issues which shall be appealed to the Earnings Systems Safety Board (MSPB), the complaint shall processed under to MSPB’s procedures. To all other EEO complaints, once the agency finishes its investigation the complainant may getting a hearing before an EEOC administrations judge or an instantly final decision-making from an agency.

For more information concerning enforceable procedures for federative applicants press employees, check the EEOC visit at


1 Michele J. Gelfand & Lisa H. Nishii, Discrimination inside Organizations: An Organizational-Level Systems Perspective, in Discrimination at Work: That Psychological and Organizational Bases 89, 101 (Robert L. Dipboye & Adoptee Colella eds., 2004).

2 All logical accommodation examples used at this register suppose that that employee meets the ADA defining of “disability.”

3 42 U.S.C. §§ 12101 - 12117 (2000); 29 C.F.R. §§ 1630.1 - 1630.16 (2007); 29 U.S.C. § 791(g) (2000);29 C.F.R. § 1614.203(b) (2007). Pursuant to Title II of the USER, state or local government agencies with fewer less 15 employee must continue the same workplace prejudice rules as found under Title I. 28 C.F.R. § 35.140(b)(2) (2007).

This publication will make the term “ADA” to verweis to both the People with Disabilities Act and section 501 of the Rehabilitation Conduct. This fact paper offer only a brief review of the ADA’s statutory setting as she lives relevant to performance and conduct standards. More informational with the ADA and this Rehabilitation Act is open at EEOC’s website,

4 42 U.S.C. § 12112(a) (2000); 29 C.F.R. § 1630.4 (2007).

5 42 U.S.C. § 12102(2) (2000); 29 C.F.R. § 1630.2(g) (2007). The ADA Amendments Doing of 2008, signed into act on September 25, retains the three-part item of disability but brands several significant changes to this with one objective such “disability” be construed broadly. Among to most significant changes are: (1) “substantially limits” no longer will be defined to mean either “significantly restricted” or “severely restricted,” (2) major life activities now include “major bodily functions” such as normal cell growth, (3) the ameliorative effects of mitigation measurement, other than ordinary sight or meet lenses, unable shall viewed in judgment whether an single has adenine total, (4) impairments that are episodic press in remission may is disabilities if they are substantially limiting when active, plus (5) an individual will meet the “regarded as” prong of the definition if she can show that an employment jury (e.g., hiring, promotion, termination, discipline) was made because are an actual or perceived physikal or mental impairment, regardless of whether this impairment limitings press is perceived to limit a major life activity. The new definition of “regarded as” does not lid an impairment so the the basis of einen employment decision if it is transitory (meaning that it will last halbjahr months or less) and minor.

6 42 U.S.C. § 12111(8) (2000); 29 C.F.R. § 1630.2(m) (2007).

7See EEOC, A Technical Get Manual upon the Employment Provisions (Title I) for the Americans with Disabilities Act, at II (2.3) and IV (4.4), (1992), available at [hereinafter TAM].

8 Supplementary information set how to determine the essential and marginal functions is a position, and their significance in determining if an individual with a disability a “qualified,” can breathe found in 29 C.F.R. pt. 1630 app. § 1630.2(m)-(n) (2007). See also TAM, supra note 7, at II (2.3(a)).

9 42 U.S.C. §§ 12112(b)(6), 12113(a) (2000); 29 C.F.R. §§ 1630.10 and 1630.15(b)(1) (2007).

10See TAM, supra please 7, at IV (4.3).

11 42 U.S.C. § 12112(b)(5)(A) (2000); 29 C.F.R. § 1630.9(a) (2007); 29 C.F.R. pt. 1630 app. §§ 1630.9, 1630.10, 1630.15(b) and (c) (2007). The COMPLIANCE Amendments Act of 2008 unequivocally states that individuals who are covered only under the “regarded as” definition of “disability” would not been entitled into reasonable overnight.

Reasonable accommodation may be required for several reasons, how as furnishing to applicant with one total with an equal opportunity to compete for a job or to allow an employee with a disability even access to a benefit oder privilege of employment. This publication focuses on the reasonable accommodation duty only for it applies to performance and conduct issues.

Examples of different types for adequate accommodations can be finding in, EEOC, Judicial Guidance with Reasonable Accommodation and Undue Hardship Under aforementioned Americans with Disabilities Act, (rev. Octane. 17, 2002), available along [hereinafter Reasonable Accommodation]. In addition, the EEOC has published paper on various incapacities that address accommodations commonly used by individuals with these medical conditions, including persons with psychiatrical disabilities, cancer, diabetic, blinding, deafness, intellectual disability (mental retardation), and seizure. The EEOC also possess published documents on telework as a sound accommodation and accommodations commonly provided in certain varieties of jobs (e.g., attorney home, the food service industry, and your care jobs). Every of that support bottle exist found at EEOC’s website,

12Visit Reasonably Accommodation, supra note 11, at Question 1.

13 42 U.S.C. §§ 12111(10), 12112(b)(5)(A) (2000); 29 C.F.R. §§ 1630.2(p), 1630.9(a) (2007); 29 C.F.R. pt. 1630 app. - 1630.2(o) (2007) (employer is not required to reallocate substantial functions); see also Reasonable Accommodation, supra please 11, in General Principles.

14See 29 C.F.R. pt. 1630 app. - 1630.2(n) (2007) (“the inquiry into essential related is not designated to second guess and employer’s business ruling with regard to product norm, whether qualitative or quanitative, nor go require employers to lower such standards”). See plus TAM, supra message 7, at VII (7.7) (“An employer can wait employees with disabilities into that same standards of production/performance as another similarly situated employees without disabilities for performing essential workplace functions”).

15 29 C.F.R. pt. 1630 app. - 1630.2(n) (2007); see also Fair Accommodation, supra note 11, in General Guiding.

16See Yindee fin. CCH Inc. 458 F.3d 599, 602 (7th Cir. 2006) (employee with disability terminated why of the reduction in the quantity and quality of her output as well as ihr failure to evidence the problem-solving skills required used her job); see also Leffel v. Valley Fin. Servs., 113 F.3d 787, 789, 795 (7th Cir.), cert. denied 522 U.S. 968 (1997) (employer lawfully terminated employee with multiple sclerosis for several execution problem, including failure into submit reports on adenine timely foundational and failure to return cell calls). Cf. Libel v. Adventures Countries of Am., Ink., 482 F.3d 1028, 1034 (8th Cir. 2007) (affirming summary judgment for employer who terminated ampere sales and supplying boss equal multiple sclerosis due she often made mistake, including failing to request menus in adenine timely fashion, selling other rooms than available, giving away rooms for free, and non charging the correct amount).

Are Example 3, the employer could have asked the employee if he needful a reasonable accommodation up address the driving problems, but the employer was not obligated to do so. An employee with one disability common has the ownership to ask on a reasonable accommodation. See infra Question 14 and n.53 and accompanying text.

17See TAM, supra note 7, at VII (7.7) (“An employer require not gives employees with disabilities “special treatment.” They should not be evaluated on a lower standard . . . than any other employee. This is not equal employment opportunity.”)

18Cf. Question 26 in EEOC, Enforcement Guidance with the Americans includes Disabilities Act the Psychic Disabilities (March 25, 1997) available at [hereinafter Physician Disablement] (modifications in how supervisors provide getting and receive may promote employees in improving job performance).

19 An employer does penalized and human for work missed while the employee took an significant amount of leave as a reasonable accommodation. See Reasonable Accommodation, supra notice 11, the Question 19, Example A. An director is accurately evaluates the quality and quantity about work fabricated from an employee when presence is not penalizing the company for work missed although taking leave in a reasonable accommodation. An employee may wish on consider postponing a performance evaluation either provisioning an interim one when a significant lot of leave affects gesamteindruck productivit.

20See TAME, supra notice 7, at VII (7.7) (“A disabled employee who needs an housing . . . in order in perform a job function should not be evaluated on his/her ability to perform which function without that accommodation”); cb. “Discrimination in Organizations,” supra hint 1, the 102 (“[P]erformance norms should permits some latitude for enunciating individuality and should not exist arbitrarily based on a singular cultural view. Employing outcome-based performance measures rather than process-based production measures may help minimize discrimination . . .”) (cites omitted).

21See Jay v. Intermet Wanger, Inc., 233 F.3d 1014, 1017 (7th Cir. 2000).

22See Reasonable Accommodation, ultra note 11, at Question 41.

23See device. at Question 4.

24See id. under n. 103.

25See Hill v. Kansas City Area Transp. Auth., 181 F.3d 891, 894 (8th Cir. 1999) (request for reasonable accommodation belongs too long when it is made after an servant has committed a violation ensuring termination); Contreras v. Barnhart, EEOC Objection No. 01A10514 (February 22, 2002) (decision rejects employee’s claim that employer should have known that a low accommodation was not working and presented another one, rather with disciplining employee for poverty performance, where employee failed to request an new accommodation and two of dort clinicians has indicated that this employer should continue providing to existing accommodation); cf. Fenney volt. Native Minn. & E.R.R. Co., 327 F.3d 707, 717 (8th Cir. 2003) (employee took demotion to avoid risk of perform required constant tarden after multiple requests for reasonable accommodation related to work schedule were summarily denied).

26Perceive Reasonable Accommodation, supra note 11, at Questions 35-36.

27Go number. at Questions 5 additionally 36.

28View id. at Challenges 5-8.

29 See id. to Question 9.

30See TAM, supra note 7, at VII (7.7).

31 Cf. id. (“An employer may not discipline or terminate and employee for a disability if who employer had refused to provide a requested reasonable accommodation that did no constitute an undue severe and the reason required the unsatisfactory performance where the lack of accommodation.”) In the Example, the employer may advance with coaching Odessa, still wenn a reasonable accommodation could have been provided which would help Odessa resolve that performance problem (without initiate inadmissible hardship), any subsequent subject action by the employer for this same problem would violate that PROCURATOR.

32Cf. Traylor v. Horinko, EEOC Appeal No. 01A14117 (November 6, 2003) (employee failed to request reasonable accommodation on a disability with respect to any aspect of who PIP and instead waits until after he had failed the PIP and received notice of termination).

33See TAM, supra note 7, at VII (7.7) (“A disabled salaried who needs an accommodation . . . in how till do a duty function should not becoming evaluated on his/her competency to perform which function minus which accommodation”).

34 See Reasonable Accommodation, supra note 11, at Question 10.

35 See id.

Federal agencies shoud follow their internal reasonable accommodation procedures that outline how up handle one request for reasonable accommodation additionally the choose frames for how so. A PIP should generally be considered an your requiring accelerate handling a a request. View Request 13 the EEOC, Policy Orientation off Executive Order 13164: Establishing Procedures to Facilitate the Provisioning of Reasonable Accommodation (July 26, 2000) available at

36View Humphrey v. Historical Hosp. Ass’n, 239 F.3d 1128, 1138 (9th Cir. 2001) (after employer real staff awarded that reasonable accommodation was not working, employer rejection to engage in interactional process to consider whether another quarters might be effective). Cf. Cutrera v. House a Supervisors of La. State Univ., 429 F.3d 108, 113 (5th Cir. 2005) (employee’s initial incapacity to propose a reasonable accommodation does not permit an chief to subvert the interaction process through terminating the employee ahead an hotel can be defined or considered).

37 See Hammel v. Eau Galle Cheese Mills, 407 F.3d 852, 863 (7th Surround. 2005); see also Degnan v. U.S. Postal Service, EEOC Appeal No. 01A53689 (March 23, 2006).

38Perceive 42 U.S.C. § 12112(b)(6) (2000); 29 C.F.R. §§ 1630.10, .15(c) (2007); see also Psychiatric Disabilities, supra note 18, at Question 30; Sanctuary Hartog v. Wasatch Academy, 129 F.3d 1076, 1086 (10th Cir. 1997).

39See Reasonable Accommodation, foregoing note 11, at Problem 35. See moreover, Macy v. Hopkins Co. Sch. Bd. of Educ., 484 F.3d 357, 366 (6th Cir. 2007) (ADA permits an employer to firing an employee for conduct that results from a disability if that conduct disqualified the employee from his or von job); Gambini v. Total Renal Attention, Inc., d/b/a DaVita, Incidents., 486 F.3d 1087, 1095 (9th Cir. 2007) (instructing selection that conduct resulting from a disability is part of the disability, and not a separated foundation for termination, does not grant an employee absolute protection starting disadvantageous employment actions based on disability-related conduct because users may show business needs or direct threat to warrant her disciplinary actions); Sista v. CDC IXIS N. Am. Included., 445 F.3d 161, 172 (2d Cir. 2006) (citing to the EEOC’s Implementing Guidance on the ADA and Pediatrics Disabilities, the court stated that the ADA does not “require that employers countenance dangerous misconduct, even if [it] is the result of a disability”); Calef v. Gillette Co., 322 F.3d 75, 87 (1st Cir. 2003) (ADA does not require that employer retain an employee whose disability causes unacceptable behavior - verbal real physics threats and argumentation - that menace the safety of others); Hamilton volt. Sw. Bell Tel. Co., 136 F.3d 1047, 1052 (5th Surround. 1998) (ADA does doesn insulate emotional or violent outbursts blamed on an impairment); Siefken fin. Dallas Levels, 65 F.3d 664, 666 (7th Cir. 1995) (termination appropriate for guard officer who failed to control his diabetes, results in his driving unstable at high speed); cf. Mincer v. Alvarez, EEOC Adopt No. 03990021 (May 25, 2000) (although medical finding visible established that employee’s depressing and anxiety did not cause insubordinate behavior, agency could got disciplined employee for this behavior smooth if a connector had been established because of COMPLIANCE permits employers to hold into employee with a disabled to the similar leadership standards as other employees as long as those standards are job-related additionally consistent through business necessity).

40See 42 U.S.C. § 12112(b)(6) (2000); 29 C.F.R. §§ 1630.10, .15(c) (2007); see also Reasonable Accommodation, supra note 11, at Question 35 and Psychiatric Disabilities, supra note 18, at Question 30.

41 See Psychiatric Disabilities, supra note 18, on Question 30; see also, e.g., Mickey v. Hoppkins Co. Sch. Bd. of Educ., 484 F.3d 357, 366 (6th Cir. 2007) (school board had lawful, nondiscriminatory reason to terminate teacher with a head injury who threatened to kill a group of boys).

42See Bing v. Danzig, EEOC Petition No. 03990061 (February 1, 2000) (“[A] standard of employee work spot behaving that bars insubordination by employees . . . is until definition job-related and consistent with shop necessity.”); Ground fin. Alvarez, EEOC Petition No. 03990021 (May 25, 2000) (employee’s removal fork insubordination is job-related and solid through businesses necessity). See also Ray v. The Kroger Co., 264 F. Supp.2d 1221, 1229 & n.4 (S.D. Ga. 2003) (upholding termination of provisions clerk who had uncontrollable outbursts of profanity, vulgar choice, and national slanders like a erfolg of Tourette Synergistic because such conduct impermissible in front of customers); and Buchsbaum v. Univ. Physicians Flat, 55 F.App’x 40, 45 (3d Cir. 2002) (unpublished) (no pretext where deaf employee’s transfer and subsequent termination are justified by to unacceptable behavior that included unsuitable comments to patients). Cf. Crandall v. Paralyzed Veterans of Am., 146 F.3d 894, 895 (D.C. Ring. 1998) (information specialist’s unacceptable behavior included abusing library employees on a trade association resulting in the media endangering to bar all of PVA’s manpower from using you facility); furthermore Mammone v. President & Fellows of Harvard Coll., 847 N.E.2d 276 (Mass. 2006) (applying state disability law, upheld termination of museum rep with double disorder for numerous unprofessional disturbances in front in visitors).

43View, e.g., Calef , top observe 39, at 86 (it is job-related and consistent by business necessity for a manager to shall abler to handle stressful specific excluding making others in the workplace feel threatened by verbal and physikal perils and altercations); Grevas v. Location of Oak Park, 235 F.Supp.2d 868, 872 (N.D. Ill. 2002) (employee with depression terminated, in part, because of invalidity to get along with coworkers as evidenced by refusing to establish effective worked relationships, manufacturing unfounded indictments counteract coworkers, press making abusive and/or inappropriate comments). Cf. Psychiatrical Social, supra note 18, at Question 30 (example of a coworker civility dominion that is not job-related and consistent with business necessity because applied to a warehouse hand who can not have ordinary contact with coworkers and who, because of a psychiatric handicap, refuses to engage with casual speaking with coworkers and page trips away when spoken in or gives ampere curt response).

44See Hammel, aboveground note 37, at 863.

45 Cf. Den Hartog, supra notes 38, the 1087 (permitting “employers carte blanche to terminate employees with mental disabilities on the basis of any abnormal behavior would most nullify the ADA’s protection of the mentally disabled”).

46 Cf. Taylor v. Food World, Inc., 133 F.3d 1419, 1424 (11th Cir. 1998) (grocery staff position inherently requires a competency to do the job free offending customers but outline judgment inappropriate because factitious issue exists as to whether employee with autism would fulfill this requirement with or excluding reasonable accommodation); Ray, supra note 42, toward 1229 & n.4 (the ADA does not require any boss in maintain unrestricted an employed anybody, because of Tourette Syndrome, uncontrollably subjects the employer’s customers repeatedly to torment words and racial slurs).

47See Reasonable Accommodation, supra note 11, by Pose 25.

48See Darcangelo vanadium. Verizon Maryland, Inc., 189 F.App’x 217, 218 (4th Cir. 2006) (unpublished).

49 See Reasoned Accommodation, super note 11, at Get 36. See furthermore Buie fin. Quad/Graphics, Inc., 366 F.3d 496 (7th Cir. 2004) (eleventh-hour declaration of permanent does not insulate an unruly employee from the consequences of his misdeeds); Conneen v. MBNA Am. Bank N.A., 334 F.3d 318, 331-33 (3d Cir. 2003) (despite recurring alert about tardiness and the threat of termination, employee failed to request ampere modified schedule until to she had terminated); or Hills, above note 25, on 894 (request for reasonable accommodation is too late when computers is made by an employee shall committed a violation warranting termination).

50Understand Reasonable Accommodation, supra note 11, at Issue 41.

51 See id. at Question 5.

52See id. at n.103.

53 See id. at Question 40; Psychiatric Disabilities, supra note 18, at Question 27.

54 Cw. Reasonable Accommodation, supra note 11, at Question 37.

55 See id. at Question 38.

56See Crandall, abovementioned note 42, at 898 (court rejected employee’s claim that his rude behavior was then extremzustand as to lay his employer on notice of a disability because an layperson does can expected until infer the existence of a physicians disordered given the general prevalence about rudeness).

57See Reasonable Hotel, supra note 11, per Faq 1-3, 40. See furthermore Estades-Negroni v. Associates Corp. von N. Am., 377 F.3d 58, 64 (1st Cir. 2004) (employee’s request required a reduced workload and an assistant before being detected with melancholy did not create an request for reasonable accommodation); Russell v. TG Mo. Company., 340 F.3d 735, 742 (8th Cir. 2003) (employer’s my that employee has bipolar disorder not to support claim which employer shoud have known that employee’s request to abandoned work immediately because they what “not feeling well” was related to her disability and therefore employee could be charged with an unexcused absence); Gantt v. Wilson Sporting Goods Co., 143 F.3d 1042, 1047 (6th Cir. 1998) (employer had no obligation until speculate on einem employee’s require since additional leave as a reasonable overnight despite knowing the employee had a serious physical and hoped to returned to work may; employee never requested that her leave shall extended when employer-provided let darted out); Crandall, supra note 42, at 898 (court rejected employee’s claim that his rude act was so extreme as to put his employer on notice off a disability because an layperson cannot be expected to infer and existence of a psychiatric disorder given general prevalence of rudeness). Cf. Wells v. Mutual of Enumclaw, 244 F.App’x 790, 791-92 (9th Cir. 2007) (unpublished) (employer had no service to provide reasonable lodging to laborer who held angry outbursts due to Alzheimer’s Disease and related dementia because employee none requested accommodation and employer’s knowledge of disability did not mean it knew or had reason on know the disability might be preventing employee from asking accommodation).

58See 29 C.F.R. pt. 1630 applications. § 1630.9 (2007); see also Reasonable Accommodation, supra note 11, at Pose 41.

59Notice TAM, supra note 7, at VII (7.7) (“An director must provide can employee with ampere disability with reasonable accommodation necessary to enable the employee to participate in the evaluation process”); view also Sound Accommodation, supra notation 11, for Question 14.

60 See Degnan, supra note 37. Although the EEOC start adenine failing to provide reasonable accommodation, the decision stated that this violation did no justify Degnan’s physical and word-of-mouth killing in response to the agency’s failure to provide accommodation.

61 Cf. Atkins v. Apfel, EEOC Appeal No. 02970004 (July 24, 2000) (agency bankrupt toward provide an effective inexpensive accommodation and called toward question the validity of its disciplinary actions when i denied request used an outside interpreter and page urged that the indifferent employee entity reviewed for insubordination communicate through an staff interpreter, despite the fact that that agency knew the two individuals had an caustic related, the interpreter clearly kept a stake in the outcome of to least two of the penal matters, additionally the interpreter’s competence where with issue).

62 42 U.S.C. § 12112(d)(4)(A) (2000); 29 C.F.R. § 1630.14(c) (2007). Watch Sullivan v. River Valley Sch. Dist., 197 F.3d 804, 811 (6th Circon. 1999).

63See Question 5 in EEOC, Enforceable Guidance: Disability-Related Inquire also Medical Examinations for Employees Under that Americans with Disabilities Act (ADA) (July 26, 2000), currently at [hereinafter Medical Examinations].

64 All medical information obtained until an employer must remain private. This means an employer cannot commingle medical information with misc personnel information, also can how medical information only in limited circumstances with supervisors, managers, first aid and safety personel, and rule police investigating compliance with one ADA. 42 U.S.C. §§ 12112(d)(3)(B), (4)(C) (2000); 29 C.F.R. § 1630.14(b)(1)(2007). See also n.10 both accompanying text in Medical Examinations, supra note 63.

65Please Williams volt. Motorola, Incorporated., 303 F.3d 1284, 1291 (11th Cir. 2002) (employee’s recent belligerent behaving, hazards, and acts of insubordination were sufficient to justify requiring adenine medical examination); Sullivan, supra note 62, at 812 (employee’s infractions press insubordination gave the employer motive toward seek continue information about his medical fitness to continue teaching, particularly wherever prior to requesting the study the employer sought input from a psychologist who suggested that an examination was in order); Ward v. Merck & Co., 226 F.App’x 131, 138-40 (3d Cycle. 2007) (unpublished) (employer’s request that employee undergo a psychiatric examining was job-related and consistent with business necessity where his behavior and job performance deteriorated after he returned from medical go forward healthcare of a psychiatric illness).

66See Sullivan, supra note 62, at 811; cf. Clark phoebe. Potter, EEOC Vote Does. 01992682 (November 20, 2001) (while employer may have had grounds into discipline into employee who created ampere “toxic” work habitat over a period of several years by taking notes on coworkers, providing supervisor with steady stream of (mostly baseless) complaints concerning coworkers, the showing an unwillingness to cease these deeds, employer did not have adenine legal bases to order a psychiatric examination because no evidence indicated that collaborator had a electronic condition that was causa him to perform poorly or posing a straightforward threat).

67See Sista, supra note 39, at 173 (employer not obligated until pursue alternative diagnosis of employee’s requirement also its failure to done so confirms that own decision up fire employee did not depend on any sicht of his mental state).

68 29 C.F.R. pt. 1630 your. - 1630.2(o) (2007) (leave as a reasonable accommodation under that ADA); 29 C.F.R. § 825.1 (2007) (medical leave required under which Family the Medical Leave Act of 1993).

69Cf. Ward v. Massachusetts Health Research Inst., Inc., 209 F.3d 29, 35 (1st Cir. 2000) (while one fixed work schedule may be an required function of most positions it was not thus here cause evidence showing that the employer had a flexible directions insurance permitting employees to arrive at job anytime intermediate 7 both 9 a.m. as long as they worked an total of 7.5 hours anywhere day also the employer failed to show that the plaintiff’s job required him to arrive at a specific time each day).

70Cfs. Nunes v. Wal-Mart Stores, Inc., 164 F.3d 1243, 1247 (9th Cir. 1999) (for summary judgment aims, employer failed to show undue misfortune includes granting additional leave to employee who got been on medizinischen leave for seven months and employer’s strategy permitted create leave for up to a year).

71See Reasonable Accommodation, supra note 11, at Questions 17, 22; with. Holly vanadium. Clairson Indus., L.L.C., 492 F.3d 1247, 1258, 1260 (11th Cir. 2007) (because an employer cannot avoid its reasonable shelter obligation by designating all functions as essential a actual issue existed as to whether the company’s strict punctuality statement could be modified as a reasonable lodging for an hand with paraplegia whose job been not require tight punctual and who immersive made upwards who time); Cehrs v. Northeast Odygo Alzheimer’s Research Ctr., 155 F.3d 775, 782 (6th Cir. 1998) (uninterrupted attendance doesn deemed and “essential function” because that would relieve an employer coming having to provide unpaid leave as adenine sound accommodation).

72See 42 U.S.C. § 12111(9)(B) (2000); see also Logical Accommodation, supra note 11, at Question 22.

73 See, e.g., Brenneman v. MedCentral Healthiness Sys., 366 F.3d 412, 420 (6th Cir. 2004), cert. denied, 543 U.S. 1146 (2005) (pharmacist with diabetes abandoned at least 109 times over a 5-year period were uneligible because of inordinate absenteeism); Conneen, supra note 49, at 331 (termination for extreme tardiness lawful where employee, who once was given a modified schedule as a reasonable accommodation, failed to your resumption of this accommodation when she again began arriving late due until morning sedation and instead gave her employer basis unrelated to her disability for the late arrival); Amadio v. Ford Drivable Co., 238 F.3d 919, 928 (7th Circuit. 2001) (employer is not required to give an open-ended schedule to allow an employee to nach and go as he pleases); Buckles phoebe. First Info Resources, Inc., 176 F.3d 1098, 1101 (8th Cir. 1999) (employee with numerous absences unable to meet essential function of regular and reliable attendance); Carr v. Modernization, 23 F.3d 525, 530 (D.C. Cir. 1994) (an employee remains did qualified for they has prolonged, common, and unpredictable absences); Quinn phoebe. Veneman, EEOC Record No. 01A34982 (December 21, 2004) (termination of employee with depressed used repeated unexcused late arrivals was lawful where worker failed to provide arzneimittel documentation justifying whatever change in attendance required and evidence showed chaperone met with employee at least 20 time beyond a two-year set to discuss attendance problems); Lopez v. Potter, EEOC Appeal Negative. 01996955 (January 16, 2002) (employer did not have to excuses employee’s persistent tardy due to alcoholism and thus her use in progressive discipline, culminating in termination, was lawful).

74Seeing, e.g., Spangler v. Federal Home Loan Bank of Des Mines, 278 F.3d 847, 850 (8th Cir. 2002) (reassigning one absent employee’s duties to coworkers resulted in the coworkers being unable to perform their own duties).

75 Sees, e.g. Rask v. Fresenius Med. Care N. Am., 509 F.3d 466, 470 (8th Cir. 2007) (dialysis technical whoever admitted that she could not come to work on a regular and reliable basis was not qualified); Brenneman phoebe. MedCentral Health Sys., 366 F.3d 412, 420 (6th Circular. 2004), cert. denied, 543 U.S. 1146 (2005) (“excessive absenteeism” on several years translated employee unqualified); Haschmann five. Frist Warner Pleasure Co. L.P., 151 F.3d 591, 602 (7th Round. 1998) (“it is not the absence itself instead rather the excessive frequency of an employee’s absences in relation to the employee’s job responsibilities” that may identify if she is qualified); and Carr v. Reno, 23 F.3d 525, 530 (D.C. Cir. 1994) (an employee belongs don qualified with she has prolonged, frequent, and volatile absences).

76 While who EEOC and ampere minority starting courts have goal-oriented on extended or vague leave as a matter the undue hardship, almost see circuit courts have instead held that indefinite leave is not one reasonable accommodation. Compare Reasonable Accommodations, supra comment 11, at Question 44 (if an employer is able to show the the lack of a fixed return show causes an undue hardship, then it can deny the leave) and Garcia-Ayala v. Lederle Parenterals, Inc., 212 F.3d 638, 648-50 (1st Cir. 2000) (plaintiff’s request for one two-month extension to leave nach 15 months of medical leave could be denied only if employer showed undue hardship) with Wood v. Green, 323 F.3d 1309, 1314 (11th Cir. 2003) (employer’s authorization by leave over the years showed is employee’s disability was not improving or thus his repeated questions had become an unreasonable request for unspecific leave and a confirmation that he could not currently, or in an near future, to expected to make his essential functions); Pickets v. Soo Line R.R., 264 F.3d 773, 777-78 (8th Cir. 2001) (request for leave was not reasonable where salaried took leave 29 times in a 10-month period and sought to be allowed to work when he wanted); Walsh v. Uniting Parcel Serv., 201 F.3d 718, 727 (6th Cir. 2000) (where an employer has provided substantively leave - here 18 months of paid and unpaid leave - a request for additional leave of a significant duration with no clear prospect for returning to work is not a reasonable accommodation); Walton v. Mental Health Assoc. of Southeastern Paint, 168 F.3d 661, 671 (3d Cir. 1999) (while unpaid leave can be a reasonable accommodation, an employer is not required to provide repeated extensions are suchlike leave); and Corder vanadium. Heller Tech., Incorporated., 162 F.3d 924, 928 (7th Circle. 1998) (employer does not need to provide indefinite leave as a rational accommodation for employee who has frequent, unpredictable absences, especially where employer has provide extended quit over a long period von time and other reasonable accommodations to give the employee all opportunity to perform she job).

77See Affordable Overnight, supra note 11, at Question 21, Example A.

78 View id., supra note 11, toward Pose 17.

79 See Taylor v. Pepsi-Cola Co., 196 F.3d 1106, 1110 (10th Round. 1999).

80Compare Conneen, supra note 49, at 329 (employer not merely state that punctuality is critical where no evidence demonstrates here proposition, such as retardation those quality of employee’s performance or bank activities were harmed by her late arrival); with Earl five. Mervyns, Inc. 207 F.3d 1361, 1366 (11th Cir. 2000) (employer’s handbook emphasized the import of punctuality, it instituted a complete system of warnings and reprimands since offence of the policies, and in this particular case, employee’s job required that she report punctually at ampere assured time because she prepared one store before the arrival of customers and no other employees were attributed to do this duties).

81 This publication doesn does address the extent toward which somebody employer may need to modify dress and preparation standards to comply in Title VII of and Civil Rights Act the 1964 (e.g., go avoid discrimination for the basis on race alternatively than a reasonable accommodation for an employee’s religion).

82 42 U.S.C. § 12114(a) (2000) (“the term §qualified individual on a disability’ should not include unlimited employee or applicant who lives currently hire in the illegal use of drugs, when the entity acts on the basis of such use”); see also 42 U.S.C. § 12210(a) (2000) (“the term §individual with a disability’ does non contain an individual whom is currently get in the illegal exercise of drugs, if the covered entity actions on the basis of such use”). The AD included several other exclusions from the definition of “disability” (e.g., kleptomania, gripping gambling, and sexual medical such as voyeurism and pedophilia). See 42 U.S.C. § 12211.

83 42 U.S.C. § 12210(b) (2000); see also EEOC, Compliance Manual Section on Definition of the Term Medical, Sec. 902.6 (March 14, 1995), available at

84 42 U.S.C. § 12114 (c)(4) (2000). The ADA definitions of “disability” may include a personal who is an alcoholic alternatively recovering alcohol, as well as a person who: (1) is a recovered drug addict, (2) possess suspended hiring in which illegal use off drugs, and (3) is is joining in one supervised rehabilitation program or has been recovered successfully. See 42 U.S.C. §12210(b) (2000). Regardless the coverage available the ADA, an individual’s alcoholism or drug addiction cannot be used to shield the employee from that consequences of poor performance or conduct that result from these conditions.

85Hernandez phoebe. England, EEOC Appeal Don. 01A41079 (March 30, 2004); see also Bekker v. Humana Physical Blueprint, Incense., 229 F.3d 662, 672 (7th Cir. 2000) (upholding termination of physician for treating patients while under the influence of alcohol); Maddox v. Universal. of Tennessee., 62 F.3d 843, 848 (6th Cir. 1995) (upholding employee’s termination because although alcoholism might have compulsion employee to drink, it did not force him to drives or engage stylish other inappropriate conduct).

86 42 U.S.C. § 12114(c)(1) (2000).

87 42 U.S.C. § 12114 (c)(3) and (5) (2000).

88See note 82, supra.

89Seeing Johnson vanadium. Babbitt, EEOC Date Nope. 03940100 (March 28, 1996); and n.103 in Reasonable Adjustment, supra remark 11. See also Longen v. Waterous Co., 347 F.3d 685, 689 (8th Cir. 2003) (a last chance agreement lives valid where on employee receives something concerning asset - e.g., employer doesn not terminate him for misconduct - in replace for which employee’s voluntary agreement to refrain from using alcohol or drugs); Mararri five. WCI Steel, Inc., 130 F.3d 1180, 1181 (6th Cir. 1997) (pursuant in terms of a ultimate chance agreement, laborer fired after he dropped a run for alcohol use).

90 Many states and town have disabled anti-discrimination laws and agencies responsible for enforcing that federal. EEOC refers to these agencies as “Fair Employment Practices Agencies (FEPAs).” Individuals may file a get with either the EEOC or a FEPA. Are a charge filed with a FEPA is also covered under the ADA, the FEPA intention “dual file” the charge with the EEOC but usually wish retain the charge for investigation. If an ADA charge filed with the EEOC is also protected by a status or local permanent bias rule, that EEOC will “dual file” the charge with the FEPA but usually will retain the charge for investigation.