Accessibility and Awareness: A deep dive into the ADA

The Americans with Disabilities Act (ADA) — a US law that prohibits discrimination against qualified individuals with disabilities — was enacted in 1990. Its application is not always straightforward or well-understood by employers, particularly when it comes to evaluating and providing reasonable accommodation requests.

Guardian speakers Tracy Christian, Vocational Rehabilitation Specialist, and Tracey Collins, Absence Product Consultant, recently came together in a webinar to give a practical review of the interactive process of recognizing, addressing, and responding to an ADA accommodation request, outline common errors that employers can avoid, and walk through confusing scenarios that might come up when administering the ADA. 

Types of ADA requests

ADA requests may cover several scenarios that require a range of employer actions and responses — from providing continuous leave for an employee to making modifications to an employee’s schedule or work setup. The types of ADA requests include: 

Lost time/Continuous leave, in which an employee will miss time away from work due to a medical condition.

Lost time/Intermittent leave, in which an employee will miss time away from work periodically, often requiring a reduced schedule.

No lost time/Workplace accommodation, in which an employee will work the hours they are scheduled to work but with a possible schedule change or other accommodation. Common adjustments include having a sit/stand desk, ergonomic keyboard, supportive desk chair, rest breaks, or modified duties.

The interactive process is key to accommodating an employee under the ADA

The ADA accommodation process is broken up into several different stages, and throughout this process, effective communication between employers and employees is key. “What you want to do is really use that time and have that interactive conversation with your employee about the accommodations,” says Christian. “Don’t be afraid to try any type of accommodation. Try it out, and if it’s not needed, or if it needs to be changed, have that conversation with your employee.”

Step 1: Accommodation request initiation

Requests can be made by managers, employees, or based on a review of a disability or leave request. This means that even if the employee doesn’t initiate the request, employers may still be responsible for making reasonable accommodations. 

Step 2: Gather information and documentation

Information and documentation should include job descriptions and requirements, as well as medical information.

Step 3: Assessment and decision

An assessment should include a review of both the accommodation request and other possible solutions. The assessment period may involve a few different parties including the employer, the employee, and sometimes a medical team to find the right accommodation that is the least restrictive.  Once a decision has been determined to meet the legal definition of ADA, you can begin your interactive conversations with your employee about the accommodations.

Step 4: Accommodation recommendations

At this stage, all accommodations are reviewed and approved by key stakeholders.

Step 5: Implementation and management

Implementation and management may include periodic reviews and adjustments to better reflect changing situations. 

Step 6: Complete accommodation

An accommodation is complete when it is no longer required or reasonable. Some accommodations end, while others — such as a standing desk or ergonomic keyboard — are permanent. 

Would you be ready to take on the accommodation process under the requirements of the ADA? Watch the full webinar to test your own knowledge in our interactive quiz — plus learn myths and facts around qualifying requests and reasonable accommodations, and understand where the ADA overlaps with the Family and Medical Leave Act (FMLA) and the newly-passed Pregnant Workers Fairness Act (PWFA).