Americans with Disabilities Act: Can You Discipline Disabled Workers? EEOC Gives Guidance on Applying Performance and Conduct Standards Under the ADA

Suppose you suspend an employee for yelling at a co-worker, and the employee then confides that he is bipolar and is having trouble with his medication. Do you have to withdraw the suspension once you know a disability may have caused the bad behavior? Handling conduct and performance issues without wading into a lawsuit can be challenging enough, and adding disability to the mix can make management responsibilities that much trickier--and fraught with legal risk. And now, with the new ADA Amendments Act, employers may have more of these issues to contend with than ever before. . . . (to read the remainder of this article, please log in below.)