When this is the case, a simple reasonable accommodation often may be all that is needed to eliminate the problem. Under both laws, employees with disabilities must meet qualification standards that are job-related and consistent with business necessity and must be able to perform the “essential functions” of the position, with or without reasonable accommodation.Īlthough, an employee’s disability typically has no bearing on performance or conduct, sometimes an individual’s disability may contribute to performance or conduct problems. Title I of the Americans with Disabilities Act (ADA) and Section 501 of the Rehabilitation Act, which prohibit employment discrimination against qualified individuals with disabilities, generally do not impinge on the right of employers to define jobs and to evaluate their employees according to consistently applied standards governing performance and conduct. The same principles apply to workplace rules concerning employee conduct. “Performance management systems that involve explicit performance expectations, clear performance standards, accurate measures, and reliable performance feedback, and the consistent application of these standards, help to reduce the chances of discriminatory ratings.” 1 Additionally, employees work most effectively when they clearly understand what is expected of them and know that their performance will be measured against a standard that is fair and applied even-handedly. Performance management, if done effectively, can help avoid discrimination, in addition to furthering an employer’s business objectives. Confidentiality issues arising from granting reasonable accommodation to avoid performance or conduct problemsĪ core function for any supervisor is managing employee performance.Seeking medical information when there are performance or conduct problems.Questions pertaining to both performance and conduct issues.Application of ADA Legal Requirements to Performance and Conduct Standards.
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