Navigating reasonable accommodations under the ADA can be tricky, but it doesn’t have to be!
Here are 8 key tips for employers:
1. Flexibility is Key: The ADA emphasizes “whatever works.” Find an effective solution rather than sticking to rigid rules.
2. Disclosure Matters: You’re not required to accommodate an undisclosed disability. If a condition is visible and impacting work, initiate the conversation.
3. Employer’s Choice: You can choose any effective accommodation, even if it differs from the employee’s suggestion.
4. Consult Providers: It’s okay to seek input from health care providers, with proper authorization.
5. Adapt as Needed: Accommodations should evolve with changes in the employee’s condition and job requirements.
6. Err on the Side of Accommodation: When in doubt, accommodate. The ADA’s definition of disability is broad.
7. Watch for Overlap: ADA, FMLA, and workers' comp can intersect. Ensure compliance with all applicable laws.
8. Follow Best Practices: Don’t forget the basics—engage in the interactive process, document everything, consult with counsel, and avoid retaliation.
Balancing flexibility and compliance can help create a supportive work environment.