Irrational behavior doesn't automatically trigger medical exam

Q         We have a long-term employee who has begun acting irrationally and erratically—demanding to be placed on projects he isn't qualified for, having emotional outbursts in front of other employees—which has had a negative effect on his work performance. He also has vision issues that have resulted in the loss of his driver's license. Can we legally suspend his employment until he is evaluated by a doctor and receives medical clearance to return to work?

A    You don't have to put up with his irrational and erratic behavior. You have the right to take action to address his behavior and performance. Your question specifically is whether you can suspend him until a medical provider clears him. We will address that, but first it's important to discuss the issue and provide some background.

You should hold him to the same performance and behavioral standards as any other employee. Evaluate his behavior and work performance just as you would his coworkers. That includes meting out discipline, such as write ups. In fact, as long as a conduct rule for which he is being disciplined is job-related and consistent with business necessity and all employees are held to the same standard, he can be disciplined just as any other employee would be even if a disability causes or contributes to the rule violation. Notably, the Americans with Disabilities Act (ADA) doesn't protect employees from the consequences of violating rules when the conduct is occasioned by a disability.