Disability-Related Misconduct

What Do You Do When An Employee Blames Bad Behavior on a Disability?

By Jeffrey D. Polsky on April 2, 2015

For years we’ve been following legal developments on how employers deal with workers who attribute bad behavior to a disability. (We wrote about it here and here and here,…
Continue Reading What Do You Do When An Employee Blames Bad Behavior on a Disability?

By Jeffrey D. Polsky on August 27, 2014

Just last week I was complaining about the lack of guidance for employers dealing with employees who blame their bad behavior on a disability. Now a fired financial adviser is…
Continue Reading Employees Who Attribute Bad Behavior to a Disability – Supreme Court Asked to Clarify Issue

By Jeffrey D. Polsky on August 20, 2014

By Jeffrey D. Polsky on July 6, 2014

Last April, we reported on a case where an employer fired an employee for helping herself to a bag of potato chips without paying. The employee argued that she is…
Continue Reading I Didn't Steal the Potato Chips, My Disability Did (Part 2)

By Jeffrey D. Polsky on April 29, 2014

With increasing frequency, employees are relying on disabilities to excuse work-related misconduct. While we’ve been writing about this for years (some suggested that my 2011 post “To What Extent …
Continue Reading I Didn't Steal the Potato Chips, My Disability Did

By Jeffrey D. Polsky on April 30, 2013

By Jeffrey D. Polsky on May 3, 2011

There’s a section of the Americans With Disabilities Act that lists conditions that are excluded from the definition of disability. The list includes compulsive gambling, kleptomania, pyromania, pedophilia, exhibitionism, and…