Identify the challenges that an employer faces in complying with a disability discrimination statute, and how an employer determines "Reasonable Accommodations" under the Americans with Disabilities Act (ADA).
Outline and describe a prima facie case for disability discrimination under the ADA of 1990, the amended Act of 2008 and section 504 of the Vocational Rehabilitation Act of 1973 and outline when and how the burden of proof shifts from employee to employer under the ADA .
Define the term Disability, Major Life Activity and Substantially Limited as stated in the ADA and as stated in court decisions.
Describe how the law treats mental or intellectual disabilities under the ADA and distinguish between employer liability under worker's compensation statutes as opposed to employer liability under the ADA.
Describe the defenses available to employers under the ADA.
Full Answer Section
Identifying Disability and Determining Reasonable Accommodations
One of the primary challenges employers face is accurately identifying employees or applicants with disabilities and determining appropriate reasonable accommodations. The ADA's definition of disability is broad and may encompass a wide range of conditions, both physical and mental. Employers must stay updated on the latest interpretations of the ADA and seek expert guidance when necessary to accurately determine if an individual has a disability and to identify potential accommodations.
2. Engaging in the Interactive Process
The ADA mandates an interactive process between employers and employees or applicants with disabilities to identify and implement reasonable accommodations. This process involves open communication, collaboration, and a willingness to consider various options. Employers may face challenges in effectively engaging in this process due to factors such as time constraints, lack of training on disability issues, or concerns about confidentiality.
3. Balancing Accommodation Obligations with Business Needs
Employers must balance their obligation to provide reasonable accommodations with the legitimate needs of their business. This balancing act can be complex, as employers may need to weigh the costs and potential disruptions of accommodations against their operational requirements and overall business objectives.
4. Addressing Undue Hardship Concerns
Employers are not required to provide accommodations that would cause an "undue hardship" to the business. This undue hardship standard is a complex legal concept, and employers may face challenges in determining when an accommodation would rise to this level. Factors such as the size, financial resources, and nature of the business are considered in evaluating undue hardship.
5. Managing Employee Concerns and Perceptions
Employers may face challenges in managing employee concerns and perceptions regarding disability accommodations. Some employees may express concerns about the fairness or necessity of accommodations, while others may feel that their own work environment is being negatively impacted. Employers need to address these concerns proactively and foster a workplace culture that promotes inclusivity and respect for all employees.
Determining "Reasonable Accommodations" under the ADA
The ADA does not provide an exhaustive list of reasonable accommodations, and the specific accommodation that is appropriate will vary depending on the individual's disability and the job requirements. However, the ADA provides some guidance on what constitutes a reasonable accommodation:
- Modifications or adjustments to the job application process
- Modifications or adjustments to the work environment or tasks
- Provision of specialized equipment or assistive technology
- Acquisition or modification of equipment or devices
- Provision of job restructuring, reassignment, or alternative employment
Employers should engage in a collaborative and open-minded approach to determining reasonable accommodations. They should consider the employee's individual needs, the specific job requirements, and potential adjustments that could enable the employee to perform their duties effectively.
In determining the appropriateness of an accommodation, employers should consider the following factors:
- The effectiveness of the accommodation in enabling the employee to perform essential job functions
- The financial and logistical feasibility of the accommodation
- The potential impact of the accommodation on the employee's privacy
- The potential impact of the accommodation on the workplace environment or other employees
If an employer determines that a particular accommodation would cause an undue hardship, they should engage in a good faith