Lindabury, McCormick, Estabrook & Cooper, P.C. Firm News & Events
Similar to other federal anti-discrimination laws, the Americans with Disabilities Act (ADA) expressly prohibits employers from discriminating against employees on the basis of disability. The ADA, however, is unique in that it requires an employer to provide a reasonable accommodation to its disabled employees.
Ordinarily, it is up to the employee to request an accommodation for his or her disability. In order to do so, the employee may verbally advise that he or she needs an adjustment, change, or assistance at work and that this need is related to a disability. In spite of this formality, there are other ways an employer may become obligated to provide an accommodation even in the absence of a formal request. For that reason, employers should learn to identify specific circumstances in which an employee may require an accommodation. For example, if the employer knows of the employee’s disability, sees the employee struggling to access existing facilities or notices that the disability itself prevents the employee from requesting the accommodation, the employer should initiate a conversation with the employee to determine whether an accommodation is necessary.
Once an employee has requested an accommodation or the employer has identified its obligation to provide an accommodation, the employer should strive to diligently address the need of an accommodation by way of clear and constant communication. This form of communication is referred to as the “interactive process” under the ADA. The interactive process and is an informal practice in which the covered individual and the employer determine the precise limitations created by the disability and how best to respond to the need for accommodation.
While the range of possible accommodations may vary from employer to employer, the ADA’s accommodation requirement remains the same, namely that the accommodation be reasonable.
Solution: Employers can take the following steps to ensure compliance under the Americans with Disabilities Act:
- Create a disability accommodation policy that details the process for requesting a reasonable accommodation for a disability.
- Ensure that written job descriptions accurately reflect the essential functions and other qualifications of the position.
- Once placed on notice of an alleged disability, an employer should schedule a meeting with the employee quickly to start the interactive process as required by the ADA. Make sure to document the interactive process.
- Request information about the extent of the impairment, including notes from doctors or other health care providers, and request medical testing relevant to the accommodation at issue.
- Listen to the employee’s request for specific accommodation(s). Even though the employer does not have to provide the exact accommodation the employee is seeking, the employer should communicate with the employee to ensure the accommodation is both reasonable and appropriate.
- Document every step taken in addressing employee’s needs, from initial request to the implementation of the accommodation.
- Employers must monitor the employee’s performance in light of the claimed disability and the chosen accommodation. If a particular accommodation is not effective, it may be
necessary to engage in a further dialogue to determine if any additional accommodation is necessary.
If you have any questions concerning the Americans with Disabilities Act, or the interactive process itself, please contact our office directly.