We frequently receive a call with a question about an employee’s FMLA (or other leave). While the Americans with Disabilities Act (ADA) is not part of the original question, it is often the answer. The ADA is a common issue that should be considered in many workplace scenarios. It is no wonder that 43% of all EEOC lawsuits last year included claims under the Americans with Disabilities Act (ADA)–it is a powerful law with broad application.
Common Pitfalls:
- Not considering the ADA because the employee did not ask for that protection. There are no magic words and they do not always come in formal writing. The employer, including managers, must know when the ADA is in play.
- Exhausting other leaves could trigger ADA protection. The FMLA might expire or the employee may be ineligible for FMLA or state leaves but are covered under the ADA.
- The interactive process: The ADA requires employers to engage in a good faith dialogue with employees requesting accommodations. Failing to respond promptly, not exploring all reasonable options, or dismissing requests out of hand can spell trouble.
- Documentation matters. Employers who lack clear records of their accommodation discussions and decisions find themselves at a disadvantage when disputes arise.
- Mental health is covered by the ADA. The law has a broad list that includes many common mental health issues.
- Medical documentation. Employers sometimes request too much medical information or reject accommodation requests without properly considering the employee’s documentation. Getting medical inquiries wrong—asking questions that are too broad or unrelated to the accommodation—can violate the ADA.
The Takeaway: There is never a bad time to get your ADA house in order. Nerd alert: we actually have a favorite fixed fee service, our Reasonable Accommodation Compliance Toolkit puts structure around your process to comply with the ADA. Our Toolkit provides forms and a flow chart that really work in maintaining a compliant ADA workforce.
We can help. Contact us to discuss your accommodation practices and ensure your team knows how to handle these requests effectively.