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When it’s Important to Stay in the Know.
Avoiding Common ADA Accommodation Oversights
Now more than ever, it’s important for business owners to be mindful and informed when it comes to implementing policies and education regarding employee disabilities. Employers must comply with federal law while considering the sensitive nature of these unique circumstances. In 2008, the ADA Amendments Act put more pressure on employers to provide reasonable accommodations for employees with disabilities by holding companies liable for negligence and noncompliance. To avoid such oversights, employers should keep job descriptions detailed and accurate, develop their own accommodation policies and train supervisors to understand their role in ADA situations.
Here are five mistakes often overlooked by companies resulting in ADA compliance violations, which business owners and employers should take proactive steps to avoid:
Abandoning communication if no accommodation currently exists
Incorrectly labeling essential or non-essential functions
Abusing the “undue hardship” provision
Discussing the details of the disability to non-HR personnel
Forgetting to consider FMLA and other applicable laws
What Are Reasonable Accommodations?
Reasonable accommodations are “any change to the application or hiring process, to the job, to the way the job is done, or the work environment that allows a person with a disability who is qualified for the job to perform the essential functions of that job and enjoy equal employment opportunities.” Due to the sensitivity of ADA situations and associated legal risks, all requests should be handled by one or more HR professionals. Compliance regulations and training are typically issued by HR personnel because this information must be up-to-date and handled privately. Creating an internal ADA policy can help your business establish essential job functions, outline ADA-related processes and guidelines, and determine points of contact. It’s also important to issue annual compliance training to help managers and employees understand their role and follow the appropriate steps to submit a request.
ADA Dos and Don’ts
Failure to comply with the ADA can lead to serious legal risks and penalties, so it’s important for businesses to follow the most up-to-date information regarding reasonable accommodations. Click to view our explainer video that covers best practices and addresses misconceptions when handling ADA requests.
HR ADA Compliance Overview
The U.S. Equal Employment Opportunity Commission (EEOC) established the ADA to legally prohibit disability discrimination in the workplace. Employers are responsible for making adjustments or modifications based on unique ADA situations, however, there are certain requirements that must be met in order to remain in compliance with the law. Our HR Compliance Bulletin provides an overview of related terms, definitions, resources, and additional protections associated with the American Disabilities Act.
