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Disability Related Misconduct: Discipline or Accommodation?

December | Sherrard Kuzz LLP

  1. Can an employer dismiss an employee for misconduct
    caused by a disability, or does the ‘duty to
    accommodate’ apply?
  2. Must an employer investigate whether a disability
    played a role in an employee’s misconduct prior to
    imposing discipline?
  3. Must an employee disclose a disability in order to
    trigger accommodation?
  4. Are last chance agreements enforceable?
  5. Can an employer require an employee who has been
    involved in addiction-related misconduct to undergo random drug testing?


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