When is Bad Workplace Behavior Not Protected Under ADA?

Most employers have rules to govern workplace behavior. However, enforcement of these rules may depend on several factors if an employee has a disability. According to this article, when addressing misconduct by an employee with a disability, the first question that needs to be resolved is whether there’s a causal link between the employee’s disability and the behavior. That’s important in determining whether termination or other discipline is lawful.  An employer must be in compliance with current Americans with Disabilities Act (ADA) regulations. An employer may discipline an employee with a disability for violating a conduct standard that’s applicable to all workers if the disability didn’t play a role in causing the misconduct, according to a source cited in the article.  However, where the employee’s disability caused or contributed to the misconduct, the employer may take disciplinary action only if certain requirements are met.  You may refer to the Equal Employment Opportunity Commission (EEOC) for some guidance. The Job Accommodation Network (JAN) is another resource to use. Consult your library’s/organization’s legal counsel to be sure you follow current accepted ADA regulations.