Q. One of our employees recently violated a work rule by shouting at his supervisor. After the incident, the employee disclosed to the company for the first time that he had a mental disorder that he claims caused his conduct. Can we discipline him, or would that be disability discrimination?
A. The ADA prohibits discrimination against a qualified individual with a physical or mental impairment that substantially limits one or more major life activities. Even assuming that this employee has a disability, it is unlikely that imposing discipline for his actions would violate the ADA, as long as two conditions are met:
- The punishment is consistent with previous discipline against others for similar violations.
- The rule is job-related and consistent with business necessity.
In other words, this employee’s disability does not excuse his past misconduct. However, you may be required to provide a reasonable accommodation that would allow the employee to meet expected standards of conduct in the future, barring an undue hardship.
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/29066/worried-about-ada-can-we-discipline-for-misbehavior-caused-by-medical-condition "