The Basics for ADA Compliance

Title I of the Americans with Disabilities Act of 1990 (ADA) prohibits private employers, state and local governments, employment agencies, and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment.  

The ADA covers employers with 15 or more employees.  

ADA Compliance

There are a few basic areas of ADA Compliance that employers should be aware of: 

• The definition of disability 
• Covered individuals
• Reasonable accommodations
• Undue Hardship

ADA Definition for a Disability

Under the ADA, an individual with a disability is a person who:

• Has a physical or mental impairment that substantially limits one or more major life activities
• Has a record of such an impairment
• Is regarded as having such an impairment

Qualified Employees Under ADA Regulations

A qualified employee or applicant with a disability is an individual who can perform the essential functions of their job either with or without reasonable accommodation.  

Reasonable Accommodations

Employers generally do not have to provide a reasonable accommodation unless an individual with a disability has asked for one.

However, if the employer believes that a medical condition is causing a performance or conduct issue, they may ask the employee how to solve the problem and if the employee needs a reasonable accommodation.

Reasonable accommodations may include, but are not limited to: 

• Making existing facilities used by employees readily accessible to and usable by persons with disabilities
• Job restructuring, modification of work schedules, and reassignment to a vacant position
• Acquiring or modifying equipment or devices, adjusting or modifying examinations, training materials, or policies, and providing qualified readers or interpreters

Once a reasonable accommodation has been requested, the employer has a responsibility to follow up with the employee’s request and work with them to identify needs and the appropriate accommodation.

This interactive process is highly recommended to be followed when a request for an accommodation is made.  

When an accommodation is not obvious, employers should complete the following steps:

• Analyze the particular job involved and determine its purpose and essential functions. It is always ideal to look at the job description. 
• Consult with the individual requesting the accommodation to discuss the job-related limitations imposed by their disability, and how those limitations could be overcome with a reasonable accommodation. 
• Identify potential accommodations and assess the effectiveness of each in enabling the individual to perform the essential functions of the position. 
• Select and implement the accommodation that is most appropriate for both the employee and the employer. 

Undue Hardship 

An employer is required to make a reasonable accommodation to the known disability of a qualified applicant or employee if it would not impose an undue hardship on the operations of the business.

Undue hardship is defined under the ADA as an action requiring significant difficulty or expense when considered in light of factors such as an employer’s size, financial resources, and the nature and structure of its operation.

If the reasonable accommodation imposes an undue hardship, the employer does not have to approve the accommodation.  

Additional Tips for Compliance 

In most instances, it is recommended that the employee provide medical certification that confirms the disability and limitations. Employers may ask for additional information to support the need for an accommodation, keeping in mind the ADA rules for medical inquiries (such as, not asking for all medical records, for example).

It is important to have consistent documentation, which may include medical certification and documentation to the employee outlining the details of an approved accommodation. Please keep in mind that paperwork regarding an individual’s accommodation must be filed separately from their personnel file.  

Get Help with Compliance

ADA compliance can be tricky, and it helps to have an HR expert to fall back on to make sure you are doing things the right way. If you are struggling with ADA compliance, reaching out to a New York HR outsourcing company can be of great assistance. 

To learn more about how EBC can help employers with compliance, contact us today.