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An employee with a disability has been having erratic, unexplained absences from work. The department supervisor counsels the employee, explaining that the absences are affecting productivity and performance. The employee responds by claiming protection under the U.S. Americans with Disabilities Act (ADA). Which of the following is TRUE with regard to this situation?
Correct Answer: C
"The Americans with Disabilities Act: A Guide for Employers" by the U.S. Department of Labor Explanation: Understanding ADA Protections: The ADA provides protections to employees with disabilities, ensuring they are not discriminated against due to their condition. Evaluating Absences and Performance: The ADA protects employees from discrimination due to disabilities but requires that reasonable accommodations be made. Absences Due to Disability: Protected under the ADA if directly related to the disability and if the employee has provided sufficient medical documentation. Work Performance: Not protected if the employee fails to meet the job requirements even with reasonable accommodation. Conclusion: The employee's absences are protected if they are directly related to the disability, and the employer must consider reasonable accommodations. However, overall work performance must still meet the job requirements.