Managing a workplace is not easy, especially when you work with a bigger team of employees who come with a range of strengths and limitations. Federal and state regulations can make it all the more stressful, but they aren’t designed to overwhelm employers. Instead, they just point employers in the right direction. The Americans with Disabilities Act of 1990 maps out some of the criteria that are essential to consider when working with differently abled employees. The ADA makes room for reasonable accommodations, not to inconvenience employers but instead to protect employee interests where possible.
Understanding the workplace accommodations mandated by US law is an essential responsibility of every HR employee working in the region. The EEOC ADA employer compliance guide is very clear about who the regulations apply to and how employers should respond to worker accommodation requests, so here’s a refresher on everything you need to know.
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Understanding the ADA’s Reasonable Accommodations and What It Means for Your Organization
The Americans with Disabilities Act (ADA) was signed into law in 1990 by the Bush administration, and has since evolved with our understanding of disabilities and the protections that are to be offered to workers under the act. The ADA prohibits workplace discrimination based on disability, ensuring every individual is provided a far and equal chance at employment. The ADA also necessitates reasonable accommodations for employees, requiring employers to make adjustments to aid the workers when possible.
The ADA is enforced by the U.S. Equal Employment Opportunity Commission, and while State and local civil rights agencies also aid in the enforcement, the EEOC reviews the matter in detail. The Department of Justice and the Department of Labor are also involved in related proceedings to a degree.
The ADA’s considerations are not exclusive to a single sector of operation. It applies to private employers, state and local governments, employment agencies, labor organizations, and labor-management committees as well. The EEOC’s ADA employer compliance guide states that the regulation applies to all employers, including State and local government employers, with 15 or more workers, applicable after July 26, 1994.
Who Is Protected Under the ADA?
Individuals with disabilities are protected by the ADA. To qualify for the ADA’s reasonable accommodations, individuals must meet all the following criteria:
- Have a physical or mental impairment that limits a life activity such as hearing, speaking, seeing, walking, learning, etc.
- The impairment must substantially limit a major life activity rather than a minor impairment
- Should be qualified to perform the essential functions of the job with or without reasonable accommodations, meaning they should be equipped to perform the job even without special support from the employer
- To be qualified, they should satisfy the typical requirements for the specific job position, such as educational background, skills, expertise, etc.
Demystifying Workplace ADA by Understanding Reasonable Accommodations
The ADA doesn’t just focus on preventing discrimination, but also requires employers to attempt to make adjustments to aid the employee in performing their tasks. Employees with disabilities, who are otherwise perfectly qualified for the role, occasionally require some assistance to perform their job to the best of their abilities. Making small changes to the workplace or allowing workers to enjoy the same benefits as employees without disabilities is part of the employer’s responsibility.
Examples of accommodations can include modified work schedules, provision of additional support tools, or modification of devices, accessibility aids across the workplace, etc. The reason for the use of the term “reasonable” in the EEOC ADA employer compliance guide is that employers have to try to provide accommodations as far as possible, unless doing so would cause undue hardship to the operation of the business.
What Is Undue Hardship to the Business According to the ADA?
Under the Americans with Disabilities Act, undue hardship is defined as accommodation that could be “unduly costly, extensive, substantial, or disruptive, or would fundamentally alter the nature or operation of the business.” A small business with limited financial resources may refuse to set up a customized workstation to accommodate an employee, but the matter doesn’t end there.
Employers must be able to show how the accommodations would cause undue hardship and should then provide alternative solutions to address the issue. If the expense is the main concern, the employer can also provide the employee with the option to pay for the portion of the accommodation that constitutes an undue hardship. All avenues must be explored thoroughly to find the middle ground.
How Do You Settle on Reasonable Accommodations for an Employee?
In most cases, employees with disabilities will be able to explain the accommodations they need, and you can work with them directly to determine what is and isn’t possible for the organization to provide. You can also contact the EEOC or other State and local agencies to get their insights on what a reasonable accommodation might be for an employee. The Job Accommodation Network can also help with finding a comfortable middle ground for everyone involved.
Making Workplace Accommodations for Disabilities Is A Basic Consideration
It’s true that the ADA increases the number of responsibilities for managers and HR professionals. However, the momentary work of making adjustments for an employee can help the employee be more productive on the job and reduce the likelihood of them quitting due to the strain of working without accommodations. The accommodations requested by an employee should be considered in all seriousness, with discussion of alternatives if the request isn’t possible without undue hardship.
Being open-minded about an employee’s situation doesn’t have to be restricted to those with disabilities, either. While non-disabled workers are not covered by the ADA, employers that listen to their employees and work to create the ideal circumstances to help them perform their best are always going to enjoy a healthy relationship with their employees.
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