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Labor/Employment

Apr. 27, 2011

Workplace Misconduct and Mental Disability

When is it legal to fire a disabled employee for misbehavior? By Arthur F. Silbergeld and Karen Pazzani of Bingham McCutchen LLP.


By Arthur F. Silbergeld and Karen Pazzani


Employers are faced with a difficult dilemma when an employee with a known disability engages in misconduct that may be caused by the disability. The Americans with Disability Act (ADA) and its California counterpart, the Fair Employment and Housing Act (FEHA), prohibit discrimination against qualified individuals with disabilities. Both laws require employers to proactively provide reasonable accommodations to qualified...

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