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Americans With Disabilities Act (ADA)
Employee Performance
- After sought-for accommodations have been made, are employees with disabilities expected to perform the job to the same standards as other employees?
- Yes.
- Yes.
- If an accommodation has been made but the employee with a disability is still not able to perform to standards and seeks an additional reasonable accommodation, must it be made?
- Yes, if it is not an undue hardship.
- Yes, if it is not an undue hardship.
- May a disabled employee be disciplined and terminated for poor performance?
- Yes, if there is genuine cause for discipline, the supervisor should follow the University's guidelines for progressive discipline as appropriate for the particular employee.
- Yes, if there is genuine cause for discipline, the supervisor should follow the University's guidelines for progressive discipline as appropriate for the particular employee.
- Should employees with disabilities be expected to conform to relevant policies and procedures governing their category of employment?
- Yes. They are expected to conform to all applicable University policies and procedures.
- Yes. They are expected to conform to all applicable University policies and procedures.
- If an employee's poor performance is caused by the use of illegal drugs, may he or she be disciplined or terminated?
- Yes. Although recovering drug addicts are considered disabled under the Act, current users of illegal drugs are not protected and may be disciplined or terminated as any other employee.
- Yes. Although recovering drug addicts are considered disabled under the Act, current users of illegal drugs are not protected and may be disciplined or terminated as any other employee.
- If an employee's poor performance is caused by alcoholism, may he or she be disciplined or terminated?
- It depends. A recovering alcoholic is considered disabled under the Act, and the department may be obliged to accommodate him/her by giving leave to enter rehabilitation treatment. However, an employee who is under the influence of alcohol at the worksite is not protected and may be disciplined or terminated.
- It depends. A recovering alcoholic is considered disabled under the Act, and the department may be obliged to accommodate him/her by giving leave to enter rehabilitation treatment. However, an employee who is under the influence of alcohol at the worksite is not protected and may be disciplined or terminated.
- With respect to employees who are eligible for sick leave, may departments question excessive use of sick time and suspected abuse of sick time by disabled employees?
- Yes, just as they do with employees who are not disabled. If a department believes that the employee's use of sick time is excessive or abusive, the department may require proof that the disabled employee is unable to work before it authorizes use of sick time.
- Yes, just as they do with employees who are not disabled. If a department believes that the employee's use of sick time is excessive or abusive, the department may require proof that the disabled employee is unable to work before it authorizes use of sick time.
- What should be contained in a request for proof of inability to work?
- The department must ask the physician to state what duties the employee cannot perform. The department must not ask what the medical condition was which precluded the employee
from working.
- The department must ask the physician to state what duties the employee cannot perform. The department must not ask what the medical condition was which precluded the employee
from working.
- When employees bring letters from physicians as proof of inability to work, where should they be filed?
- An employee’s medical information should be kept in a locked file separate from the employee’s departmental file
