The Americans with Disabilities Act (“ADA”) has long been a cornerstone of workplace inclusivity, intending to ensure equal opportunities for individuals with disabilities. However, when the ADA was overhauled by Congress in 2008, the burden changed from one where an employee had to prove they had a covered disability to an analysis as to whether or not the employer could reasonably accommodate the employee’s disability. In addition, the scope of what type of medical conditions are covered by the ADA is now broader than it was before the amendments were put into place. For example, mental health conditions are generally covered disabilities under the ADA. Likewise, addiction related to prescription drugs may be covered, as are certain types of alcohol addiction disorders (in some circumstances).
Reasonable accommodations are modifications provided by an employer to help individuals with disabilities perform essential job functions, provided they do not impose undue hardship.
Common Pitfalls to Avoid
- Failing to Engage in the Interactive Process: Employers must work collaboratively with employees and their medical care providers to identify, analyze and implement reasonable accommodations.
- Assuming Undue Hardship Without Consideration: It is not easy to prove an undue hardship in court. Considering whether the accommodation is truly an undue hardship (instead of just an inconvenience) by working through the ADA interactive process could mean the difference between compliance and liability.. The fact that an accommodation requires the employer to spend time or money in getting the accommodation in place is frequently not a sufficient showing to establish an undue hardship.
- Not Considering Timing Before an Adverse Action: Proximity in time between an accommodation request and an adverse action, such as a termination, could trigger an ADA claim – even if the termination has nothing to do with the employee’s request for an accommodation. This is just one reason why it is so important for an employer to run through a risk checklist before moving forward on a termination.
Preparing for 2025 and Beyond
To stay compliant, employers should:
- Train Supervisors: Ensure supervisors understand how to identify ADA issues and make sure at least one person in your business is trained on (and assigned to be the point person) how to handle accommodation requests (or make sure you have outside counsel available to assist with accommodation requests). If supervisors don’t understand the scope of the ADA and what is required, there is a good chance that they may deny an accommodation request that should have been granted.
- Review Policies: Update policies to accurately show how your business complies with the ADA and the protocols an employee should follow in order to seek an accommodation.
- Document Everything: Keep detailed records of accommodation requests, efforts taken to comply with the ADA interactive process, and outcomes.
Understanding the ADA is not just about compliance but fostering an inclusive workplace where all employees thrive. Staying informed and proactive helps employers ensure equity and respect for everyone.