10 Costly ADA Mistakes That Employers Need to Avoid Making

Posted on July 9th, 2014

The ADA Amendments Act of 2008 broadened the definition of disability that was previously established by the ADA (Americans with Disabilities Act). By broadening the definition, the group of people who would be qualified as disabled has expanded. This amendment puts more pressure on employers to provide reasonable accommodations and created more potential liability for companies that are unsure of changes in the law. CoStaff Services is here to help employers by providing guidance to follow, as well as common mistakes to avoid.

What Employers Can Do
Employers can protect themselves from liability and prepare their company in case of a lawsuit in the future by following these steps:

•Keep job descriptions detailed and accurate. It is important to keep job descriptions up-to-date and always include essential functions of a job. Essential functions in a job description can be one factor in legally proving that a task is indeed essential to a job. These functions can include physical and stamina requirements.
•Develop an accommodation policy. Employers should create and distribute a reasonable accommodation policy. The policy should refer all reasonable accommodation requests to HR in order to deal with nuances and legal risks effectively.
•Train supervisors. Even though you direct employees to HR, supervisors still need to know how to handle a situation if a reasonable accommodation request arises. Additionally, supervisors must be trained to handle potential ADA situations that may arise either during a job interview or in an on-the-job situation.

Common Mistakes That Employers Make
In navigating ADA, HR professionals should be careful to avoid these common mistakes:

1.Ending accommodation dialogue with an employee if no reasonable accommodation can be found to help the employee perform an essential job function.
2.Taking a manager’s word that a function is, in fact, essential.
3.Using the “undue hardship” provision too liberally.
4.Discussing details of a disability with the employee’s manager.
5.Failing to consider other laws applicable to an employee’s disability.
6.Rejecting an employee’s request because it seems unreasonable or impractical.
7.Eliminating essential functions as an accommodation, even for a limited period.
8.Failing to properly document a denied accommodation request.
9.Taking performance into account when deciding if an accommodation is reasonable.
10.Not considering reasonable accommodations just because the employee doesn’t offer any specific ideas.

Now more than ever, the burden of keeping up with ADA has shifted to employers to provide reasonable accommodations whenever possible. Employers must also show care in handling disability-related issues in the workplace.

Download and read the full HR Insights: 10 Common ADA Mistakes for a further explanation of the common mistakes employers make and what they can do to protect themselves.

Keep your company ADA compliant and avoid costly lawsuits and penalties by partnering with CoStaff today. Learn more about partnering with us or our complete outsourced Human Resources services by contacting a CoStaff representative today.