A 911 operator whose narcolepsy made him fall asleep on the job. An employee with bipolar disorder who responded to a performance improvement plan by hurling it across the room and shouting profanities. These examples, from the article “My Disability Made Me Do It” by Joanne Deschenaux (June 29, 2011) (available at http://www.shrm.org/publications), raise the question of the extent to which an employer is required to accommodate employee misconduct caused by a disability. Is the conduct resulting from a disability part of the disability, or does it constitute a separate basis for termination?
This article examines a recent case involving a Walgreens employee who claimed her diabetic condition caused her to consume a snack without first paying for the item. It also examines New Jersey and federal precedent concerning when an employee’s disability-induced misconduct constitutes a legitimate basis for termination.
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