September 29, 2008

EEOC ISSUES ADA Q&A GUIDE ADDRESSING PERFORMANCE AND CONDUCT ISSUES

by Patricia Schaeffer, Vice President-Regulatory Affairs

The EEOC issued a comprehensive question-and-answer guide addressing how the Americans with Disabilities Act (ADA) applies to a wide variety of performance and conduct issues. The EEOC says the guide makes clear that employers can apply the same performance standards to all employees, including those with disabilities, however, employers must make reasonable accommodations that enable individuals with disabilities to meet performance and conduct standards. Topics discussed include issues related to attendance, dress codes, and drug and alcohol use, and the circumstances in which employers can ask questions about an employee’s disability when performance or conduct problems occur.

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