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As an employer, it is your responsibility to ensure that your workplace practices are in compliance with the Americans with Disabilities Act (ADA). This means making reasonable accommodations for employees with disabilities and avoiding discrimination on the basis of disabilities.

However, what happens when an employee violates the company`s policies or fails to meet performance expectations, and their disability is a contributing factor? This is where a last chance agreement (LCA) comes in.

An LCA is essentially a contract between an employer and an employee who has engaged in behavior that would normally result in termination. It gives the employee one last chance to correct their behavior or improve their performance by agreeing to certain conditions, often including regular meetings with a supervisor, mandatory training, or other requirements tailored to the specific situation.

When it comes to employees with disabilities, an LCA can be a useful tool to effectively address performance or conduct issues while still ensuring compliance with the ADA. However, there are some important considerations to keep in mind.

First, an LCA must be voluntary – an employee cannot be forced to sign one or coerced into doing so. It`s also important to ensure that any conditions in the LCA are reasonable and related to the employee`s performance or conduct issues.

Additionally, employers should be aware of their obligations under the ADA. If the employee`s disability is a contributing factor to the performance or conduct issues, accommodations may need to be made to enable the employee to meet the conditions of the LCA.

Finally, employers should be aware of the potential legal risks involved with an LCA. If the employee successfully completes the agreement but is later terminated, they may still be able to file a discrimination claim if they can show that the LCA was actually a guise for discrimination.

In summary, an LCA can be an effective tool for addressing performance or conduct issues with an employee while still complying with the ADA. However, it must be voluntary, reasonable, and tailored to the specific situation. As with any workplace practice, it`s important to consult with legal counsel to ensure compliance with all applicable laws and regulations.