EEOC ADDRESSES PERFORMANCE AND CONDUCT ISSUES UNDER THE AMERICANS WITH DISABILITIES ACT

New Publication Focuses on Frequently Asked Questions from Employers and Employees

WASHINGTON – The U.S. Equal  Employment Opportunity Commission (EEOC) today 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 document is available on the agency’s web  site at www.eeoc.gov/facts/performance-conduct.html.

“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 guide makes clear that  employers can apply the same performance standards to all employees, including  those with disabilities, and emphasizes that the ADA does not affect an employer’s right to  hold all employees to basic conduct standards.   At the same time, however, employers must make reasonable accommodations  that enable individuals with disabilities to meet performance and conduct  standards.

The guide reviews relevant ADA requirements and  explains how they govern performance and conduct standards as applied to  employees with disabilities.  Through  examples based on actual cases and specific scenarios that the EEOC has learned  about from employers and individuals with disabilities, this guide explains  when and how performance and conduct standards should be applied and the  appropriate role of reasonable accommodation. The guide explains how and when  employees should request accommodations to help them meet performance  requirements and comply with conduct rules, and how an employer should handle  such requests.

Other topics addressed 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.

The EEOC is responsible for  enforcing federal laws prohibiting employment discrimination.  Further information about the EEOC is  available on its web site at www.eeoc.gov.