EEOC Issues ADA Performance/Conduct FAQs
Yesterday, the EEOC issued a comprehensive set of FAQs addressing how the Americans with Disabilities Act (ADA) applies to employee performance and conduct.
What do the FAQs address?
Issues covered include:
- performance and conduct standards
- seeking medical information
- attendance issues
- dress codes
- alcoholism and drug use
- confidentiality
Why did the EEOC issue the FAQs?
“The EEOC continues to receive numerous questions on these topics from employers and from individuals with disabilities,” said EEOC Chair Naomi Earp, “indicating that there is still a high level of uncertainty about how the ADA affects these fundamental personnel issues.”
According to the EEOC’s press release: ”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.”
What should employers do?
Click here to see all the FAQs. The recommendation’s pretty simple: read ‘em and apply ‘em in your workplace asap.
