Americans With Disabilities Act Refresher

2010 was the 20th anniversary of the passage of the Americans with Disabilities Act (ADA), and with the recent passage of amendments to the ADA which broaden its scope, many businesses could benefit from an update on employers' obligations under the Act. The ADA was designed to protect individuals with impairments that substantially limit a person's major life activities. In particular for employers, the ADA requires reasonable accommodations for covered employees that allow the individual to perform the essential functions of his/her job. Federal law defines a reasonable accommodation as "an accommodation is any change in the work environment or in the way things are customarily done that enables the individual with a disability to enjoy equal employment opportunities." 29 CFR 1630.2(o).

If an employee requests an adjustment or change to be made at an employer's site for reasons related to a medical condition, the request should be treated as a request for an accommodation under the ADA. Employees do not need to specifically mention ADA or other disability laws and can use plain English in making their request. Furthermore, requests do not need to be in writing. Once a request for an accommodation is made, under the ADA, an employer has an obligation to enter into an "interactive process" with the individual to discuss possible reasonable accommodations through a face-to-face meeting. The focus of the interactive process should be on what the employee needs to be able to perform the essential functions of his/her job and whether that accommodation is reasonable under the circumstances. Unnecessary delays in this process can result in potential violations of the ADA.

During the interactive process, employers should have a complete understanding of the employee's job description that outlines the essential functions and performance standards of the job. The second phase should address the analysis of the employee's abilities and limitations, particularly what job functions the employee can/cannot perform. At this point during the process, employers can request documentation from the employee's medical provider. Such medical documentation should specifically state whether the employee is able to perform his/her essential job functions, and if not, should detail how the employee is limited and what accommodations the healthcare provider suggests may be provided. Employers should be careful in requesting too much information, as the ADA only requires documentation as it relates to the relevant disability and not the employee's entire medical history.

The final step of the interactive process is the determination as to what reasonable accommodations are to be provided. Once it's been determined that an employee is covered by the ADA, employers have an obligation to try to reasonably accommodate the employee limitations. The ADA lists as potential accommodations:

. Job restructuring

. Time off work

. Modified work schedules

. Transfer or reassignment to vacant positions

. Unpaid leave until position becomes available

. Work-from-home arrangements

The point of the interactive process is for employers and employees to come together and find a suitable accommodation to employee's limitations that works for both parties.

FDW can assist you in formulating general policies and procedures for handling ADA claims and can assist in addressing questions as to whether an employee is a qualified individual, what conditions may qualify as substantially limiting their major life functions, and what reasonable accommodations an employer may provide. Please contact us at 770-478-9950 or by email at cellison@fdwlaw.com.

Disclaimer: This newsletter is designed to provide general information only. The information presented here is not intended to constitute formal legal advice nor is the provision of the same meant to result in the formation of a lawyer/client relationship.