3.35 E. Misconduct Issues and Direct Threat

LibraryDisability Law and Practice, Vol. 3 (NY) 2017

E. Misconduct Issues and Direct Threat

New York State regulations address employer safety concerns and employee objectionable behavior.115 The NYSHRL does not require accommodation of behaviors that do not meet the employer’s workplace behavior standards that are consistently applied to all similarly situated employees, even if these behaviors are caused by a disability. This would include, but are not limited to, the following standards:

  • Dress codes, grooming standards and time and attendance policy, though reasonable and necessary deviations must be allowed as accommodations;
  • Conduct standards, including those which prohibit aggressive or threatening behavior;
  • Discipline for theft of company property by a kleptomaniac; and
  • Discipline for intoxication or impairment on the job by an alcoholic.116

Reasonable accommodation is not...

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