Determining your response to a threat of harm

Q         We have an employee who recently told several coworkers he “hates” his team members and could “blow up the building" but would give “advance notice” to people he likes. We have contacted law enforcement and placed him on Family and Medical Leave Act (FMLA) leave. Because he has psychological issues, do we need to provide additional accommodations to make sure we aren't violating any Americans with Disabilities Act (ADA) regulations?

A   The Equal Employment Opportunity Commission (EEOC) has considered many potential psychological issues like this and has developed guidance for employers concerned with their obligations under the ADA. On a most basic level, the law allows you to discipline an individual (for instance, by placing him on leave) for violating a workplace conduct standard that is job-related and consistent with business necessity—even if he has or is regarded as having a mental disability. This remains the case even if the misconduct results from the disability. The ADA doesn't prevent you from maintaining a workplace free of violence and threats of violence.