How should employers deal with situations in which performance problems might be related to employees' disabilities? Search the Internet for and review the Gambini v. Total Renal Care case. In that case, did the employer violate the ADA by terminating the disabled employee? What did the court decide? Do you agree with the court's decision? Why, or why not?
Misconduct related to Employee Disability
It is a common rule for employers that they can terminate employees for misconduct that violate workplace conduct or performance criteria, even if that misconduct is a result of disability of employee's. However, this misconception has been repealed by the Circuit Court of Appeals which protects employees with disabilities under the Americans with Disability Act (ADA).
In the Gambini v. Total Renal Care case, Ms. Gambini, informed ...
Gambini v. Total Renal case lists facts of the case and provides judgment of court's decision