Porn addicts? Blaming disability won’t work — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Porn addicts? Blaming disability won’t work

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Some disabled employees believe their disabilities excuse them from following the workplace rules that others must abide by. That’s just simply not true.

You can, and should, discipline insubordinate employees, even if their behavior could be caused by a disability.

Recent case: An IBM employee of nearly 20 years was fired for accessing sexual material on his work computer.

He sued, alleging that post-traumatic stress disorder made him more vulnerable to addiction, including a compulsion to access sexually oriented materials.

The 2nd Circuit Court of Appeals refused to entertain the argument. It said IBM had fired the employee for violating a perfectly legitimate rule against accessing sexual materials at work. (Pacenza v. IBM, No. 09-2025, 2nd Cir., 2010)

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