The Equal Employment Opportunity Commission (EEOC) has issued a new guidance addressing how the Americans With Disabilities Act (ADA) applies to a wide variety of performance and conduct issues, see: http://www.eeoc.gov/facts/performance-conduct.html
The EEOC says, “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.”
Other topics addressed include issues related to attendance, dress codes, and drug and alcohol use, and the circumstances in which employers can ask questions about an employee’s disability when performance or conduct problems occur. The Senate is considering (and the House has already passed) significant amendments to the ADA. If passed, the new ADA is expected to dramatically increase the number of disability discrimination claims filed by employees.