Marder Employment Law
Free Consultations - Call Today! 888.796.4010

Northern California Employment Attorney

  • Home
  • About Bill Marder
  • Employment Law
  • FAQ
  • Settlements
  • Contact Us
  • Call Today
  • Email Us
  • Our Map
  • Menu
  • Work With A Highly Successful Attorney

    Learn What Sets Him Apart
  • Get Your Questions Answered Today

    Frequently Asked Questions
  • Has Your Employer Failed To Pay You?

    Recover Your Unpaid Wages
Blog 2017 April Is Misconduct Protected Behavior When an Employee Has a Disability?
Previous Post  |  Next Post

Is Misconduct Protected Behavior When an Employee Has a Disability?

Posted By Marder Employment Law || 25-Apr-2017

Each workplace has rules that govern behavior, but enforcing them can be complex when an employee who behaves improperly has a disability. Should an employee be punished according to regulations or are they protected if their disability triggered the misconduct?

When concentrating on misconduct by an employee with a disability, the first question that must be asked is whether or not a link exists between the employee’s disability and the behavior. This will help determine if discipline is lawful. If an employee with a disability violates a conduct standard that’s applicable to all workers and their disability did not play a role in the misconduct, they may be disciplined. There should be no special treatment for a disabled employee, unless it’s necessary for their benefit.

However, an employee can be punished if their disability caused or contributed to the misconduct, only if certain requirements are met. The conduct standard must be job-related and consistent with business necessity, and other employees must be held accountable to the same standard, citing Americans with Disabilities Act (ADA) regulations.

For example, if a customer-facing employee with Tourette Syndrome has uncontrolled outbursts of “rude” behavior, an employer may have legal grounds to “discipline” them by moving the employee out of that position and into one where the disability is not an issue. On the other hand, a warehouse worker with Tourette Syndrome should not be disciplined for the same outbursts, since they do not work with customers and are typically out of the public eye.

An employee with a disability that leads to misconduct can ask for accommodations to avoid the issue in the future. Ideally, they would disclose their disability and ask for accommodations before violating a conduct rule for the first time. This simplifies the process for both the employee and employer.

If you have been treated unfairly at work due to a conduct violation, contact our Hollister employment law lawyer at Marder Employment Law. Bill Marder has recovered millions of dollars in verdicts and settlements on behalf of wronged employees in California.

Call (888) 796-4010 or contact us online to schedule a free consultation.

Categories: Employment Law

Share Post

Employment Law Practice Areas

Find Out How Bill Marder Can Assist You

  • Employment Law Employment Law
  • Sexual Harassment Sexual Harassment
  • Pregnancy Discrimination Pregnancy Discrimination
  • Age, Race, Gender Discrimination Age, Race, Gender Discrimination
  • Disability Discrimination Disability Discrimination
  • Retaliation Retaliation
  • Unpaid Wages Unpaid Wages
  • Wrongful Termination Wrongful Termination

Contact Marder Employment Law

Dedicated To The Protection Of Your Rights As An Employee

Send My Information
  • Home
  • Site Map
  • Privacy Policy
  • Contact Us
Marder Employment Law
Marder Employment Law - 501 San Benito St., Suite 200, Hollister, CA 95023 Hollister Employment Lawyer

Toll-Free (888) 796-4010
Local (831) 531-4214
Website: http://www.marderemploymentlaw.com/
© 2018 All Rights Reserved.
  • Hollister Office

    501 San Benito St.,

    Suite 200,

    Hollister, CA 95023

  • Redwood City Office

    303 Twin Dolphin Drive,

    Suite 600,

    Redwood City, CA 94065

  • Pleasanton Office

    6200 Stoneridge Mall Road,

    Suite 300,

    Pleasanton, CA 94588

  • Fresno Office

    8050 N. Palm Avenue,

    Suite 300,

    Fresno, CA 93711

  • Silicon Valley Office

    111 North Market Street,

    Suite 300,

    San Jose, CA 95113

  • Salinas Office

    1184 Monroe Street,

    Suite 6,

    Salinas, CA 93906

  • Oakland

    505 14th Street,

    Suite 900,

    Oakland, CA 94612

  • Sacramento

    9245 Laguna Springs Drive,

    Suite 200,

    Elk Grove, CA 95758

  • San Francisco

    315 Montgomery Street,

    8th and 9th Floors,

    San Francisco, CA 94104

Internet Marketing Experts The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.