By having complaints go to HR professionals rather than to supervisors, companies limit the amount of confidential information in supervisors' hands. There are benefits to having policies that encourage employees to consult with the HR department-rather than supervisors-if they need accommodations.įirst, an employer with a reasonable accommodation policy demonstrates its commitment to the law.
Accommodation PolicyĮmployers would benefIt from adopting and distributing updated reasonable accommodation policies. These requirements are often at issue when accommodating white-collar employees. They also need to focus on "stamina requirements," such as working long hours or more than five days per week. Traditionally, job descriptions have focused on physical requirements, such as lifting and standing. Job descriptions are one factor that can support an employer's position that a function is essential. With the likelihood that there will be increased litigation about what is a reasonable accommodation, employers should make sure their job descriptions are up-to-date. If a job function is not essential, an employer may eliminate it. They need only attempt to reasonably accommodate how employees accomplish them. Job DescriptionsĮmployers do not have to eliminate essential job functions. The law states that employers must make reasonable accommodations for qualified individuals with disabilities, provided the accommodations do not impose an undue hardship on the employer. The amendments did not change the reasonable accommodation process.
This article provides guidance on the reasonable accommodation process and recommendations for minimizing exposure to ADA claims. The amendments also broaden the definition of being "regarded as having a disability." An individual may be regarded as having a disability if he or she is subject to adverse action because of a physical or mental impairment "whether or not the impairment limits or is perceived to limit a major life activity." As a result, employers now need to be more careful to avoid tripping into a perceived disability claim by asking questions or making statements during the accommodation process that may suggest that they perceive an individual as having a physical or emotional condition. Because more individuals will now be considered to have disabilities, employers will have to consider reasonable accommodations substantially more often. However, as discussed in last month's Legal Trends column, the amendments expanded the pool of protected people with disabilities. Under the Americans with Disabilities Act (ADA) Amendments Act of 2008, the definition of a disability remains a physical or mental impairment that substantially limits a major life activity.
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