For employers, there are a lot of things within your control. You can control how to discipline an employee and when to take certain steps including termination. You can control how much severance you offer that employee and whether to offer severance at all. 

But there is one thing that employers can’t control that can

eeoc sealThe EEOC today released a "comprehensive question-and-answer guide" (but not regulations)  addressing how the Americans with Disabilities Act (ADA) should be applied to a wide variety of performance and conduct issues. You can download the FAQs at their website here

In a press release accompanying the document, the EEOC noted that it released the guide in response

Suppose you, as an employer, have union-backed employees. The union files a grievance on behalf of three employees alleging that they did not receive "premium" pay on three holidays.  Because the dipsute cannot be resolved, the matter is sent to arbitration. 

For some employers, defining the issue to be sent to arbitration may not seem