What Employers Should Know About the Americans with Disabilities Act (ADA)

The Americans with Disabilities Act (ADA) was enacted in 1990 to ensure that individuals with disabilities are not discriminated against in the workplace. Title I of the ADA specifically addresses the rights of qualified individuals with disabilities in various aspects of employment, including hiring, promotions, job assignments, compensation, benefits and other terms, conditions, and privileges of employment . If you're an employer, it's crucial to understand your obligations under this law.

Who is Covered by the ADA?

The ADA applies to employers with 15 or more employees, including state and local governments, employment agencies, and labor unions. An individual is protected under the ADA if they:

• Have a physical or mental impairment that substantially limits one or more major life activities (e.g., seeing, hearing, walking, breathing, learning).
• Have a history of such an impairment (e.g., remission from cancer).
• Are regarded as having such an impairment, such as being denied employment due to an employer's fears about others' reactions because the individual is severely disfigured.

Understanding Qualified Individuals

A qualified individual with a disability is someone who meets the necessary skill, experience, and educational requirements for a job and can perform its essential functions with or without reasonable accommodation. The ADA prohibits discrimination against these individuals without imposing affirmative action obligations or interfering with your right to hire the best-qualified applicants.

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What Are Essential Functions?

Essential functions refer to the basic job duties that an employee must perform, with or without reasonable accommodation. To determine essential functions, consider:

• The primary reason the position exists.
• The number of employees available to perform the function.
• The expertise or skill required for the function.

Your written job descriptions and actual work experience of employees will serve as evidence in defining essential functions, as recognized by the Equal Employment Opportunity Commission (EEOC) - Home | U.S. Equal Employment Opportunity Commission.

Reasonable Accommodations

A reasonable accommodation is any adjustment that enables a qualified individual with a disability to perform essential job functions. Accommodations might include:

• Modifying job tasks or providing reserved parking.
• Enhancing physical accessibility in the workplace.
• Adjusting training materials, reassignment to a vacant position, or allowing flexible work schedules.
• Granting employee leave for medical treatments or recovery related to a disability.

It’s important to note that an employer is not required to lower quality or production standards to make an accommodation. Additionally, employers are not obligated to provide personal use items, such as glasses or hearing aids.

Accommodations are considered reasonable unless they create an undue hardship or present a direct threat. Undue hardship is defined under the ADA as accommodations that could be “unduly costly, extensive, substantial, or disruptive, or would fundamentally alter the nature or operation of the business.” Employers must be able to demonstrate how specific accommodations would cause undue hardship and should provide alternative solutions to address the issue.

The Reasonable Accommodation Process

The accommodation process starts with the employee disclosing their disability. Here’s a simple outline of how to navigate this process effectively:

1. Initiate Dialogue: Open a conversation with the employee about their needs.
2. Documentation: If necessary, the employee may need to provide documentation from a healthcare professional.
3. Find Solutions: Collaborate to identify effective accommodations.
4. Implementation: Put the agreed-upon accommodation in place and in writing.
5. Ongoing Review: Continuously evaluate the accommodation's effectiveness and adjusting, as necessary.

Documentation of each step is essential for accountability and future reference.

Creating an Inclusive Environment

Ultimately, the goal is to foster an inclusive work environment where all employees can thrive. This approach to employee engagement should not only benefit individuals with disabilities but can also enrich the overall workplace culture. Employers who are receptive to the diverse needs of their workforce, regardless of disability status, are likely to enjoy a healthier and more productive relationship with all employees. By understanding and implementing ADA guidelines, employers can create a work environment where everyone has the opportunity to succeed. Embrace these practices to build a more inclusive and supportive team dynamic.

If you need assistance navigating the accommodation process, we are here to help. Our team can guide employers through the ADA requirements and serve as a resource in implementing effective accommodations, ensuring a compliant and inclusive workplace for all employees.