Managing disability-related misconduct is a potential legal minefield

The Americans with Disabilities Act (ADA) defines “disability” as a physical or mental impairment that substantially limits one or more major life activity. The ADA Amendments Act of 2008 (ADAAA) clarified that the ADA’s definition of disability is to be construed broadly to protect the individuals asserting claims under the ADA. Nearly two decades after the ADAAA, employers are still struggling with what a disability is and how to address misconduct related to a disability.

In a complaint filed against the Flagstaff Unified School District, a former employee sued the district for alleged disability discrimination, claiming the misconduct she was terminated for was connected to her disability. How can employers manage misconduct in the workplace when employees claim the misconduct was caused by a known disability?

Setting the scene

Holly Jones alleged that she suffers from attention-deficit/hyperactivity disorder (ADHD). She submitted a request to the district for accommodation, specifically requesting no change in curriculum and help with technology. The district engaged in the interactive process and offered accommodation for the school year. Her request for accommodation was submitted around the same time she was being investigated for certain conduct her colleagues complained about. Her accommodation wasn’t put in place.