Employer ADA Compliance Requirements

What Is The ADA?

The Americans With Disabilities Act (ADA) requires employers with 15 or more employees to provide qualified individuals with disabilities an equal opportunity to benefit from the full range of employment-related opportunities available to others.

The ADA prohibits discrimination in recruitment, hiring, training, promotions, pay, social activities, and other privileges of employment. The ADA also restricts questions that can be asked about an individual's disability and requires employers to make certain reasonable accommodations.

What Are The General Requirements For ADA Administration?

Employers covered by the ADA have to make sure those individuals with disabilities have an equal opportunity to apply for jobs and to work in jobs for which they are qualified. As such, employers must provide an equal opportunity for individuals with disabilities to be promoted once they are working.

Employers also must provide equal access to benefits and privileges of employment that are offered to other employees, such as employer-provided health insurance or training, and ensure that individuals with disabilities are not harassed because of their disability.

Note, however, that employers are not required to create new jobs for individuals with disabilities, although nothing in the regulations would prohibit an employer from so doing.

The administration of ADA (Americans with Disabilities Act) plans involves several key requirements to ensure compliance and effective accommodation of individuals with disabilities. Here are some of the key aspects of ADA plan administration:

• Understanding of ADA Regulations:
  Administrators need a comprehensive understanding of the Americans with Disabilities Act (ADA) regulations, including Title I, which prohibits employment discrimination against qualified individuals with disabilities by employers with 15 or more employees.
• Reasonable Accommodation Process:
  Implementing a structured process for handling requests for reasonable accommodations from employees with disabilities. This process typically involves interactive discussions with the individual requesting accommodation to identify potential accommodations that would enable them to perform their essential job functions.
• Documentation and Record-keeping:
  Maintaining detailed records of accommodation requests, including the nature of the request, discussions held, accommodations provided or denied, and any relevant supporting documentation. This documentation is essential for demonstrating compliance with ADA regulations.
• Training for Managers and Employees:
  Providing training for managers and employees on ADA requirements, including the obligation to provide reasonable accommodations, recognizing and addressing disability-related issues, and fostering an inclusive workplace culture.
• Confidentiality:
  Ensuring confidentiality of disability-related information provided by employees, including accommodation requests and medical documentation. This information should be kept separate from personnel files and shared only with individuals who have a legitimate need to know.
• Accessibility Policies and Practices:
  Implementing accessibility policies and practices to ensure that the workplace, facilities, programs, and services are accessible to individuals with disabilities. This may include physical accommodations, such as wheelchair ramps and accessible restrooms, as well as accommodations related to technology, communication, and job duties.
• Compliance Monitoring and Evaluation:
  Regularly monitoring and evaluating ADA compliance within the organization, including reviewing accommodation processes, addressing any barriers to accessibility, and making necessary improvements to ensure ongoing compliance with ADA regulations.
• Engagement with Disability Advocates:
  Engaging with disability advocates and organizations to stay informed about best practices, legal updates, and emerging issues related to disability rights and accommodations.
• Non-Retaliation Policies:
  Implementing policies that prohibit retaliation against individuals who request accommodations or assert their rights under the ADA. Employees should feel comfortable coming forward with accommodation requests without fear of reprisal.

Specific Issues With ADA Administration

• What is the definition of "disability" under the ADA
• The rules and requirements for Reasonable Accommodations, Medical Certifications, and Job Restructuring?
• What is the "interactive process" and what is required by such process
• What needs to be included in your ADA Policy
• How to terminate an employee on a leave of absence without violating the FMLA or ADA
• That extended health issues that may require FMLA leave also may qualify as disabilities under the Americans with Disabilities Act
• Employees may be entitled to additional time off under the ADA even after taking 12 weeks of FMLA leave

Addressing The Work: Excerpts From Our Leave Management Training & Certification Program

Excerpt #1: Reasonable Accommodations:

Employers must make reasonable accommodation to the known physical or mental limitations of an otherwise qualified applicant or employee with a disability, unless the employer can demonstrate that the accommodation would impose an undue hardship on the operation of its business.

The employer may not:

• Deny employment opportunities based on the need to make reasonable accommodations
• Use qualification standards, employment tests or other selection criteria that screen out or tend to screen out an individual with a disability (unless this is shown to be job-related and consistent with business necessity)
• Fail to select and administer tests concerning employment in the most effective manner to ensure that the test results accurately reflect the skills and aptitude of the applicant or employee, rather than reflecting the disability (except where such skills are the factors that the test purports to measure)

Excerpt #2: Undue Hardship:

The determination of whether an accommodation is reasonable is based upon whether implementation of the accommodation will present an undue hardship for the employer.

Undue hardship means there will be significant difficulty or expense incurred implementing the accommodation and focuses on the resources and circumstances of the particular employer in relationship to the cost or difficulty of providing a specific accommodation.

Undue hardship is not based just on financial difficulty; it refers to reasonable accommodations that are unduly extensive, substantial, or disruptive, or those that would fundamentally alter the nature or operation of the business.

Each situation must be assessed on a case-by-case basis to determine whether a particular reasonable accommodation would cause undue hardship. What may be an undue hardship to one employer may be reasonable for another employer.

Factors to be considered when determining whether undue hardships exist are:

• The nature of the accommodation
• The net cost
• Financial resources of the employer
• The number of persons employed
• The effect on expenses and resources
• The size of the business
• Type and location of its facilities
• Type of operation
• The overall impact of the accommodation
• The overall impact on the ability of other employees to perform their duties
• The overall impact on the facility's ability to conduct business

Excerpt #3: Retaliation:

Employers may not discriminate against any individual because the individual:

• Opposed any act or practice made unlawful by the ADA
• Made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing to enforce the ADA

Employers may not coerce, intimidate, threaten, harass or interfere with any individual in the exercise or enjoyment of, or because that individual aided or encouraged any other individual in the exercise of, any right granted or protected by the ADA.

Example: Reginald has filed a complaint against his employer alleging that his employer has violated the ADA. During the investigative process, Reginald and his employer agree to work things out and the complaint is dropped. Later Reginald's supervisor gives him a poor performance rating based on the "trouble" caused by his complaint to the EEOC. Reginald's employer has violated the ADA by retaliating against Reginald for exercising his rights under the regulations.

What Are The Most Common Errors Of ADA Administration?

• Failure to Understand ADA Requirements:
  Many errors stem from a lack of understanding of the ADA's requirements, including its definitions of disability, reasonable accommodation, and undue hardship.
• Inadequate Communication:
  Employers may fail to effectively communicate with employees regarding their rights under the ADA, including the process for requesting accommodations.
• Failure to Provide Reasonable Accommodations:
  Employers may overlook or deny reasonable accommodation requests from qualified individuals with disabilities, violating ADA requirements.
• Inconsistent Application of Policies:
  Employers may apply policies inconsistently, treating employees with disabilities differently from others in similar situations, which can lead to claims of discrimination.
• Lack of Accessibility:
  Businesses may fail to ensure that their facilities, websites, and other services are accessible to individuals with disabilities, violating ADA Title III requirements.
• Failure to Engage in the Interactive Process:
  When an employee requests an accommodation, employers must engage in an interactive process to determine the appropriate accommodation. Failure to do so is a common mistake.
• Medical Information Mishandling:
  Mishandling medical information related to an employee's disability can lead to privacy violations under the ADA.
• Retaliation:
  Taking adverse actions against employees who exercise their rights under the ADA, such as requesting accommodations or filing complaints, is prohibited but can occur unintentionally or out of ignorance of ADA protections.
• Inadequate Training:
  Employers and managers may not receive sufficient training on ADA compliance, leading to misunderstandings and errors in handling disability-related issues.
• Ignoring Updates and Changes:
  The ADA is subject to amendments, court rulings, and regulatory changes. Failing to stay updated on these developments can result in non-compliance.
• Assuming Certain Conditions are Not Covered:
  Some employers mistakenly believe that certain conditions, such as mental health disorders, are not covered under the ADA, leading to violations.

Recommended Training Courses

• FMLA Training & Certification Program
• ADA Training & Certification Program
• Certificate Program In FMLA, ADA, And PWFA Compliance