Can an employee be terminated for tardiness when "menstrual cramps" or "lady issues" is claimed as the cause?

Since there is potential liability here I suggest you actually consult with an attorney to learn how to handle this situation. I also suggest being very careful what you post online as it could be used against you. Many attorneys offer free case evaluations and it seems as you may benefit greatly from one.

Thank you for posting on . My guess is you are concerned that, because lateness is due to a medical condition, that you might get sued if you terminate or write this person up. You are smart to be concerned about potential liability. With the information provided, it is difficult to answer. Certain conditions of the female reproductive system can be disabling, but whether the individual has a disability, requires accommodation, or entitled to accommodation, and what kind of accommodation, are highly fact specific questions. For example, if this employee suffers from a serious medical condition that qualifies as a disability (e.g. endometriosis), and she needs to be 10-15 minutes late a few times a month - that might be an accommodation your company needs to make. It's unclear from what's written. Disability under the Americans with Disabilities Act is defined as, "A physical or mental impairment that substantially limits one or more of the major life activities of the individual, A record of such impairment, or Being regarded as having such an impairment." Many diseases of the female reproductive system may well manifest as painful cramps. If that condition "substantially limits one or more major life activities," then you may well be faced with a potential ADA claim. My suggestion is that you not publicly speak of your desire to terminate this employee, or in any way connect it to her medical condition. Speak with an attorney who can review the facts of your case, determinate what Federal and state laws are applicable, and guide you in the most risk adverse direction. Bear in mind that employers may suffer collateral repercussions from employment practices that, while 100% legal, appear inhumane or unfair. Whatever solution is appropriate, it's important to respect both your company's and the employee's privacy. Fair resolution and compassionate management may cost a few dollars more in the beginning, but save you much more money in the end. Good luck and kudos to you for being considerate and trying to follow the law. I hope that I have been helpful and please feel free to use the "Find a Lawyer" Tool to get legal advice from a competent attorney.

You want to tread lightly here as there could be some legal liability and, more importantly, how you go about exploring this can create problems. As an employer you should have counsel review any termination decision to ensure that laws are not being violated. Best of luck and hope this helps.