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Disability-Related Misconduct
The Americans with Disabilities Act (ADA) protects persons with disabilities from discrimination at the hands of employers, educational institutions, public accommodations, and state and federal facilities. One feature that renders the ADA unique among anti-discrimination measures is that, in addition to proscribing adverse actions on the basis of a person's membership in the protected class, the statute requires covered parties to provide reasonable accommodations for disabled individuals under certain circumstances. Since its enactment in 1990, the statute has posed a number of interpretive challenges for those seeking to comply with its mandates, including what it means to be “disabled,” and the extent to which a particular accommodation is “reasonable” under the circumstances. One question that many courts have grappled with is whether and to what extent accommodations must be made for a disabled person who engages in misconduct as a result of his or her disability. This article examines the divergent approaches that courts have taken in their resolution of that issue.
Overview of the ADA Requirements for Employers
In the employment context, the ADA prohibits discrimination against a “qualified individual on the basis of disability.” 42 U.S.C. ' 12112(a). A person has a “disability” if she has “a physical or mental impairment that substantially limits one or more major life activities … ; a record of such an impairment; or [is] … regarded as having such an impairment.” 42 U.S.C. ' 12102(1). A person is “qualified” for employment if she “with or without reasonable accommodation, can perform the essential functions of the employment position.” 42 U.S.C. ' 12111(8). Employers are required to make “reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability.” 42 U.S.C. ' 12112(b)(5)(A). Whether a particular accommodation is reasonable depends on a variety of factors; employers are not obligated to offer accommodations that would involve the creation of a new position, the retention of a second employee to supervise the disabled worker, or that would otherwise impose an undue hardship on the company. See Id.
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