Posted by While you’ve probably heard about the ADA and the Commission’s recent positions on the topic of leave, how much do you know about its enforcement? Do you know that you may have to change your leave policy to provide reasonable accommodations? Do you know that you must engage in an interactive process to avoid being sued under the ADA? All of these questions and more are answered in this article. We hope you find this information useful.
Employers may not be aware of Commission positions on leave
While the ADA prohibits employers from discriminating against people with disabilities in their hiring practices, there are many ways to ensure your employees’ rights. First, understand the ADA’s definition of disability. A person with a disability should be able to work in a job that matches their ability. If an individual’s condition makes them unable to perform their duties, then an employer may be required to modify their hiring practices to accommodate them.
Employers may not know that they may have to modify policies to provide reasonable accommodations
If an employee has a disability, such as asthma, and needs special equipment to complete certain tasks, the employer must provide that equipment. Reasonable accommodation may include hiring a sign language interpreter, providing alternative formats of written materials, such as large print and braille, or arranging for training by an outside entity. It doesn’t matter if the employee is working in an office or out in the community, the employer must provide reasonable accommodation.
The ADA does not override state or local laws regarding health and safety. The employer must make sure that their policies and procedures comply with the standards set out in those laws. They may have to modify policies to provide reasonable accommodations if they are deemed to pose a threat to the health and safety of employees. They must also comply with federal labor laws and regulations.
Reasonable accommodation can include modifying existing facilities or work schedules to make them accessible to employees with disabilities. Other accommodations may include providing qualified readers and interpreters. It may also include reassigning current employees to vacant positions. The employer should make sure that the accommodations are fair and equal to the job requirements. It may not be appropriate to lower the standards if the applicant is not qualified for the position.
Employers may not know that they must engage in an interactive process to avoid ADA liability
While engaging in an interactive process is a simple idea, many employers miss this key step. An interactive process is crucial because it enables employers to acknowledge a request for reasonable accommodations and provides a way for the employee to remain at work. The employer must be responsive and prompt throughout the interactive process. Employers should document their interactions with the employee, including efforts to provide a reasonable accommodation.
However, employers may not realize that they must engage in an interactive process to avoid ADA liability for maximum-leave policies. If they fail to do this, they may be exposing themselves to liability for discrimination under the ADA. The ADA allows employers to limit the number of days an employee can take off in any given work week and may require reasonable accommodations for employees with certain disabilities.
However, to avoid liability under the ADA for maximum-leave policies, employers must engage in an interactive process with employees. This interactive process should help employers determine the nature of the employee’s disability and explore alternate accommodations. If an employee is unable to take off work because of a disability, the employer must consider the need for reasonable accommodation and determine how it might impact an employee’s job.