What should an employer do if an employee mentions a disability and/or the need for an accommodation for the first time in response to counseling or discipline for unacceptable conduct?
In response, the EEOC says: If an employee states that her disability is the cause of the conduct problem or requests accommodation, the employer may still discipline the employee for the misconduct. If the appropriate disciplinary action is termination, the ADA would not require further discussion about the employee’s disability or request for reasonable accommodation. The EEOC guidance adds that “the timing of a request for reasonable accommodation is important because an employer does not have to rescind discipline (including termination) warranted by misconduct.” The EEOC also cites to several federal appellate cases in further support of its interpretation. This guidance seems to contradict the Curry decision because in Curry the duty to accommodate arose after the employee was terminated.
Related Questions
- Must an employer allow an employee with a disability to work a modified or part-time schedule as a reasonable accommodation?
- How can an employee or job applicant secure a reasonable accommodation of his or her disability from the employer?
- Does an employer have to allow an employee with a disability to work at home as a reasonable accommodation?
