Employers May Be Required To Accommodate Theft Under ADA

Law360, New York (June 10, 2014, 10:44 AM EDT) -- Disciplining an employee with a disability is challenging and fraught with legal risk, but the prevailing view is that discipline imposed pursuant to a consistently applied, nondiscriminatory work rule or policy insulates an employer from liability under the Americans with Disabilities Act. This view is supported by published guidance from the U.S. Equal Employment Opportunity Commission, which states that uniformly applied conduct rules that are job-related and consistent with business necessity — including rules prohibiting employee theft — can be enforced against employees, disabled or not. But a recent ruling by the U.S. District Court for the Northern District of California undermines this well-settled notion....

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