Americans with Disability Act (ADA) Compliance: Practical Employer Guidance

The Americans with Disabilities Act (ADA) outlines clear expectations for employers to accommodate individuals with disabilities and avoid discrimination. Understanding and adhering to these requirements is essential for employers to maintain compliance and minimize risk. This blog post explores the general contours of the ADA to provide employers with guidance on how to comply with its provisions.

What Does the ADA Cover

Employers with more than 15 employees are required to comply with the ADA’s provisions. Generally speaking, the ADA provides protections to employees with a disability. Under the ADA, a disability is broadly defined to include:

1. A physical or mental impairment that substantially limits one or more major life activities,
2. A history or record of such an impairment (e.g., cancer in remission), or
3. Being perceived as having such an impairment, even if the individual does not have one.

These definitions may cover a range of conditions, such as mobility impairments, hearing and vision loss, chronic illnesses (e.g., diabetes, epilepsy), and mental health conditions like depression or PTSD. Major life activities include tasks such as walking, working, and interacting with others, as well as major bodily functions like respiratory or immune system operation.

Employers should utilize medical professional diagnoses and opinion in order to determine whether a disability is present. Deference to medical professionals is advised, though there may be instances where multiple opinions can be sought. 

Key ADA Obligations for Employers

1. Provide Reasonable Accommodations
   Employers must provide reasonable accommodations requested by qualified employees or applicants to perform their essential job functions. Examples include:

• Modifying workspaces for accessibility.
• Adjusting schedules or allowing remote work.
• Providing assistive technologies or ergonomic tools.
• Reassigning non-essential tasks.

Notably, employers are permitted to choose from multiple accommodations that may be available. 

However, accommodations that cause undue hardship—defined as significant difficulty or expense relative to the employer’s resources—are not required. Undue hardship must be based on an individualized assessment of current circumstances that show that a specific reasonable accommodation would cause significant difficulty or expense, considering several factors:

• the nature and cost of the accommodation needed;
• the overall financial resources of the facility making the reasonable accommodation; 
• the number of persons employed at this facility; 
• the effect on expenses and resources of the facility; and
• the impact of the accommodation on the operation of the facility.

1. Engage in the Interactive Process
   When an employee requests an accommodation, employers generally should engage in an interactive discussion to determine their needs and identify feasible solutions. 
2. Prohibit Discrimination and Retaliation
   Employers are prohibited from making adverse employment decisions based on an individual’s disability. Retaliation against employees asserting ADA rights is also prohibited, and any medical information obtained during the accommodation process must remain confidential.

Case Study: Lessons from Oirya v. Mando American Corp.

Oirya v. Mando American Corp., No. 23-11429, 2024 WL 1462500 (11th Cir. Apr. 4, 2024) illustrates the importance of clear communication and documentation. An employee alleging disability related to PTSD, depression, and gastro-intestinal issues was subsequently terminated for falling asleep at work. 

Notably, the employee failed to make a clear request for accommodations. The court ruled in favor of the employer, emphasizing that the obligation to provide accommodations arises only after a specific request is made.

Practical Steps for Employers

1. Audit Workplace Policies
   Review and update policies to ensure compliance with ADA requirements. Pay special attention to hiring practices, leave policies, and accessibility standards.
2. Educate Staff
   Provide targeted training to HR teams, managers, and supervisors to ensure they can handle accommodation requests and understand confidentiality requirements.
3. Establish a Clear Process
   Create a straightforward system for employees to request accommodations, including clear instructions on how to seek support.
4. Maintain Documentation
   Document all accommodation requests, discussions, and resolutions to demonstrate compliance and protect against disputes.
5. Consult with Knowledgeable Legal Counsel
   ADA compliance is determined on a case by case basis. It is important that employers consult with knowledgeable legal counsel when issues arise so that the situations can be navigated correctly to reduce the risk of potential legal liability. 

The Bottom Line

Meeting ADA requirements is a critical responsibility for employers. By understanding the law, maintaining clear processes, and documenting compliance efforts, organizations can minimize legal risks while ensuring employees can perform their job duties effectively. Taking a proactive approach to ADA compliance is a practical investment that helps avoid disputes and ensures your workplace operates efficiently within the law. Contact us today!