The EEOC Provides Guidance on the ADA and Applying Performance Standards

      The Americans with Disabilities Act ("ADA") prohibits employment discrimination against employees with disabilities.  To fall within the protection of this section, an employee must have a "disability" and must be "qualified."  The ADA lays out the definition of "disability at 42 U.S.C. § 12102(2) and the definition of "qualified" individual at 42 U.S.C § 12111(8). 

     An issue that frequently arises in disability discrimination situations is what actions an employer can take in applying performance and conduct standards to employees with disabilities.  Well, the Equal Employment Opportunity Commission ("EEOC") recently issued a document that answers many of these questions.  A copy of this document is available here.

    This EEOC document is similar to a FAQ, answering a number of questions and providing examples of when an employer is acting within the guidelines of the ADA and when the employer is violating the ADA.  This document also discusses some of the requirements an employee has in alerting the employer about a disability. 

    This is a very interesting read for anyone curious as to whether their employer (or for us attorneys, whether the Defendant or our client) may have violated the ADA.  Of course additional information on the ADA and EEOC policies can be found on the EEOC website. 

     --Michael Sachs