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EEOC Issues ADA Q&A Guide On Performance And Conduct Issues

Published by on September 8, 2008

The U.S. Equal Employment Opportunity Commission (EEOC) has issued a Q&A Guide addressing how the Americans with Disabilities Act (ADA) applies to performance and conduct issues.  The EEOC’s press release can be found here, and the Q&A Guide itself can be found here. As noted in the Connecticut Employment Law Blog, the Q&A Guide is not […]

The U.S. Equal Employment Opportunity Commission (EEOC) has issued a Q&A Guide addressing how the Americans with Disabilities Act (ADA) applies to performance and conduct issues.  The EEOC’s press release can be found here, and the Q&A Guide itself can be found here.

As noted in the Connecticut Employment Law Blog, the Q&A Guide is not a regulation.  Accordingly, the Guide should not be binding in court proceedings.  Nevertheless, employers facing ADA challenges in performance and conduct situations are well-advised to review the Q&A Guide because it will give the EEOC’s perspective on the application of the ADA in those situations.

Here is the Q&A Guide’s table of contents:

Introduction

  1. Basic Legal Requirements
  2. Application of ADA Legal Requirements to Performance and Conduct Standards
    1. Performance standards
    2. Conduct standards
    3. Questions pertaining to both performance and conduct issues
    4. Seeking medical information when there are performance or conduct problems
    5. Attendance issues
    6. Dress codes
    7. Alcoholism and illegal use of drugs
    8. Confidentiality issues arising from granting reasonable accommodation to avoid performance or conduct problems
    9. Legal enforcement
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