labor lawAdivision of labor law center

The U.S. Equal Employment Opportunity Commission or EEOC recently  issued a comprehensive question-and-answer guide that clarifies performance and conduct issues under ADA, the Americans with Disabilities Act.

 

The document addressing a wide variety of problems, is available in its entirety at  www.eeoc.gov/facts/performance-conduct.html.

 

Under Title I of the Americans with Disabilities Act, and Section 501 of the Rehabilitation Act , employment discrimination against qualified individuals with disabilities is prohibited.

 

However, the ADA and Rehabilitation Act generally do not impinge on the employer’s right to define jobs and to evaluate the employee’s performance based on specific standards that are consistent among different employees with the same job. Under both of these laws, employees must be able to perform the “essential functions” of their job, with or without a reasonable accommodation.

 

The problem arises because occasionally an employee’s disability may contribute to a performance or conduct problem. In some cases, all that is required is a simple accommodation to remedy the situation. However, the EEOC has received so many inquiries from employers and workers regarding this issue, that it released the new guidelines.

 

The new guidelines also address the issue of when an employer can legitimately raise the issue of a disability as art of a discussion about performance or conduct problems. Some employers have been hesitant to raise such issues in the past, fearing that any mention would imply illegal discrimination based on disability.

 

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

 

The new EEOC Q&A guide on employees with disabilities makes clear that employers can apply the same performance standards to all employees, including those with disabilities. If each full-time salesperson is responsible for selling 10 cars per month, a disabled salesperson can be held to the same standard.

 

According to this latest EEOC publication, the ADA does not affect an employer’s right to hold all employees to basic conduct standards. An employer can legitimately require that all workers – including disabled workers – refrain from threatening coworkers.

 

At the same time, employers must make reasonable accommodations that enable employees with disabilities to meet performance and conduct standards. In other words, employers are not required to alter the performance and conduct standards. But, they may be required to make other accommodations, that make it easier for the disabled individual to meet those standards.

 

 

 

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