The Americans with Disabilities Act is an area where falling short for employers may result in litigation, fines, and a bad reputation. Mismanaging the execution of the ADA process is something that can and should be avoided.
The Basics:
All employers with 15 or more employees are covered by the Americans with Disabilities Act (ADA). You may not discriminate against qualified applicants or employees who can perform the essential functions of the job (with or without accommodation) on the basis of a disability or the perception that the person may have a disability. Additionally, reasonable accommodation must be made that would permit a qualified person with a disability to perform the essential job functions. This is typically accomplished through the interactive process if the solution is not obvious.
Qualified Individual: An applicant or employee who meets the minimum requirements (education, experience, skills, licenses) of the job.
Essential Functions: The fundamental job duties (the reason the job exists).
Reasonable Accommodation: A change or adjustment to the job or work environment that doesn’t cause an undue hardship.
Employment practices covered:
Recruitment, hiring, training, job assignments, pay, benefits, promotions, leave, layoffs, firing, and any other employment-related activities.
The Interactive Process:
This is the collaborative effort of the employer and employee to determine how or what types of accommodations can be made to enable the employee to perform the job’s essential functions. An individual doesn’t need to explicitly state that s/he needs an accommodation (or understands what the process entails). It is on you the employer to start the conversation. This process may involve recognizing the accommodation request, a medical inquiry form to be completed by a doctor, exploring accommodation options, choosing an accommodation, implementing the accommodation, and finally monitoring it to ensure that it meets the needs for both the employer and employee. Don’t resist or make the process overly complicated, keep thorough documentation, don’t request too much information, and always act in good faith.
Types of Accommodations:
Examples of ways to accommodate include providing or modifying devices or equipment, restructuring the job, modifying work schedules, reassignment to a vacant position, modifying policies and training materials, providing interpreters or readers, or making the workplace more accessible. This is not an exhaustive list by any means.
The name of the game is thinking creatively! Things as simple as:
- Dimming the lights or acquiring an anti-glare screen for an employee who suffers from migraines.
- Creating a telecommuting plan for someone who has difficulty physically moving due to arthritis or an autoimmune disorder.
- Purchasing a pair of noise-cancelling headphones for an employee with Attention Deficit Hyperactivity Disorder (ADHD) or an Autism Spectrum Disorder (ASD). There is no one “right” solution, the point is to explore.
- Adjusting a work schedule so an employee with a chronic condition can go to ongoing medical appointments.
Message to Smaller Businesses: This doesn’t necessarily mean that if you have under 15 employees it’s ok to discriminate or ignore accommodation requests. While applicants and employees may not have legal recourse through the EEOC, your company’s reputation may suffer. With so many social media platforms and the speed at which news and personal experiences travel, you could be putting yourself in a precarious situation with current and future employees, customers, vendors, and other partners.
Ask us how we can help you with ADA accommodation requests or provide training to your management, supervisory, or HR staff.