603: My Disability Made Me Do It!
Design policies and job descriptions that enable appropriate discipline procedures and prevent disability discrimination claims.
Take note: disciplining or terminating an employee for workplace misconduct attributable to a disability violates the ADA and puts you at risk for a lawsuit. Examine ways employers are limited and restricted in their disciplinary measures, and which disability accommodations are required in misconduct situations and which are not. Scrutinize your policies and job descriptions to maintain authority while remaining compliant with disability laws.
James J. McDonald, Jr., J.D., is managing partner of the Irvine, California office of the national labor and employment law firm Fisher & Phillips LLP. His practice involves litigation and advice in all areas of labor and employment law with special emphasis on the ADA and mental health issues in the workplace. He is author of the treatise, “Mental and Emotional Injuries in Employment Litigation,” published by BNA Books.
