In many cases, employers must offer reasonable accommodations that address conduct or issues caused by the disabilities themselves, even conduct that might otherwise violate a company policy. Many courts have adopted the position that, with few exceptions, conduct resulting from a disability is considered part of the disability, rather than a separate basis for termination.1 For example, an employer generally cannot terminate an employee based on absenteeism and attendance problems when the employee's absenteeism is caused by a disability. The employer could, instead, reasonably accommodate the employee by altering the employee's work schedule, absent undue hardship. However, employers do not need to accommodate disability-caused conduct that is violent or threatening.
This premium content is for our members. For immediate access, join online or by phone at 800-331-8877. Or Start a Free Trial Now for 7 days.
Already a Member? Sign In Below.