EEOC Issues ADA Q&A Guide On Performance And Conduct Issues
Published by Eric A. Welter 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:
- Basic Legal Requirements
- Application of ADA Legal Requirements to Performance and Conduct Standards
- Performance standards
- Conduct standards
- Questions pertaining to both performance and conduct issues
- Seeking medical information when there are performance or conduct problems
- Attendance issues
- Dress codes
- Alcoholism and illegal use of drugs
- Confidentiality issues arising from granting reasonable accommodation to avoid performance or conduct problems
- Legal enforcement