Enforcing Uniform Conduct Standards Under ADA

Law360, New York (January 20, 2009, 12:00 AM EST) -- Can an employer take disciplinary action against an insubordinate, disruptive or violent employee if the employee claims that his or her misconduct is the result of a mental disability?

Yes, according to the Americans with Disabilities Act, 42 U.S.C. ยง 12101 et seq. (ADA), the Equal Employment Opportunity Commission (EEOC) and the majority of courts.

All three give employers wide latitude to develop and enforce conduct rules, and do not immunize disabled employees from discipline or discharge based on misconduct so long as the rule is...
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