The Americans with Disabilities Act (ADA) is a federal civil rights law. It is designed to prohibit discrimination against people who have disabilities within several contexts, including employment.
As an employer, it’s vital that you not only know what a reasonable accommodation entails but also realize how failing to comply with the ADA can lead to legal woes and penalties. It’s also critical that you understand best practices for making accommodations, including prioritizing and documenting the interactive process and creating a culture of open communication.
Understanding Reasonable Accommodations
The ADA requires businesses to provide “reasonable accommodations” to protect the rights of all people in the workplace. These can be defined as changes made to the hiring process, job, or work environment that allow a person with disabilities to experience the same benefits and privileges of employment as any other person.
Why Fulfilling Accommodation Requests Is Crucial for Your Business
Businesses must understand these requirements and work promptly to fulfill an employee’s reasonable accommodation request. Failure to do so can mean facing a discrimination charge from the Equal Opportunity Employment Commission, and this can, in turn, lead to the business being subject to costly compensatory damages, not to mention a poor employer reputation.
Additionally, meeting requests for reasonable accommodations helps businesses create an inclusive culture. When employees feel welcome and included at work, they are free to be their best, most productive and engaged selves. This ultimately brings a higher return on your investment.
Legal Considerations
The ADA Amendments Act of 2008 expanded the definition of “disability” to include a broader range of conditions. Additionally, recent case law resulting from Clark v. Champion Nat’l Sec. (5th Cir. 2020) reinforced the fact that employees must still be qualified and able to perform the essential functions of the job with accommodations.
Knowing which job elements are considered essential will determine whether the employee receives the full scope of ADA protections.
Common Examples of Workplace Accommodations
Some common examples of changes that may be needed to accommodate individuals with disabilities include:
- Modified Work Schedules: Allowing for part-time schedules or breaks to take medication
- Assistive Technology: Providing videophones for deaf employees or buying software with accessibility features
- Policy Changes: Allowing for service animals or making changes to time-off policies
- Workspace Adjustments: Modifying bathrooms or workspace layouts
Accommodations come in many forms and depend heavily on the employee’s unique situation.
Breaking Down the Accommodation Request Process
Under the ADA, employees can make requests for accommodations verbally or in writing. However, keep in mind that the request does not have to be made in a formal manner. An employee may simply tell you about a problem they’re having, or you may notice that an employee is having difficulties at work.
Both of these situations can be grounds for starting the interactive process, which is a back-and-forth conversation with the employee that helps you understand their needs and explore possible accommodations. When determining an appropriate accommodation, it’s essential to consider the employee’s individual situation and the nature of their role.
If an accommodation would lead to undue hardship for the business, you may need to provide a concrete analysis of the financial or operational impact or disruption it would cause. As you engage in the interactive process, note that you will need to maintain records separate from an employee’s personnel file that include any accommodation requests, supporting medical documentation, and records of denials and approvals.
Challenges You May Face — and Solutions to Handle Them
In some cases, there may be disagreements about what constitutes a reasonable accommodation. In these cases, you should:
- Aim to prioritize open communication with the employee
- Discuss alternative options that may achieve the same goal
- Consult with a disability specialist who can help you reach an agreement
These tips are also helpful in addressing situations where accommodations may cause undue hardship for the business. It’s essential to show that you have assessed the financial or operational impact and offered an alternative accommodation that would not cause such a hardship. You can also give the employee the option of providing their own accommodation if they so choose, so long as it’s reasonable and does not create an undue hardship on the business.
Tips for Success With ADA Accommodations
Some tips for ensuring success with ADA accommodations include:
- Ensure all managers and HR staff are trained on ADA compliance
- Create a culture of empathy and understanding so employees feel comfortable engaging in the interactive process
- Use checklists or HR software to streamline the accommodation process
- Maintain ongoing communication to ensure accommodations remain effective
Adhering to these tips can help ensure that your process for accommodations is both compliant and effective.
Adhering to ADA Regulations Helps Build a Compliant and Compassionate Workplace
It’s crucial to both your compliance status and your employer brand that your workplace is known as one that aligns with the law and makes reasonable accommodations that allow all employees to thrive. If you need help with this, VirgilHR keeps up with changes in the legal landscape and makes it easy to see which laws apply to your business. With a comprehensive legal library, an automated chatbot, and the ability to connect with an expert for help when you need it, this all-in-one solution helps you reduce your legal risk exposure. Schedule a demo today and start building a more compliant and inclusive workplace.
