EEOC Posts Guidance Regarding ADA.

The Americans with Disabilities Act prohibits an employer from discriminating against a qualified individual on the basis of a disability. Many employers struggle to interpret and apply this law, especially in light of amendments made by the ADA Amendments Act of 2008. Fortunately, the Equal Employment Opportunity Commission, the governmental agency charged with enforcing federal laws that prohibit discrimination, provides helpful resources on its website.

One such resource is “The Americans With Disabilities Act: Applying Performance and Conduct Standards to Employees with Disabilities.” This resource provides practical guidance, including examples, to demonstrate an employer’s responsibilities when performance and conduct problems arise concerning a disabled employee. This publication discusses the role of reasonable accommodations in preventing or addressing performance or conduct problems and the circumstances in which an accommodation should be granted. It covers topics such as attendance issues, dress code violations, alcohol use, and confidentiality concerns.

This publication uses a question and answer format to address questions employers might raise. For example, the publication addresses whether an employer may use the same evaluation criteria for employees with disabilities as for employees without disabilities and whether an employer may discipline an employee if the employee’s disability caused a violation of a conduct rule.