ADA Compliance - Requirements, Laws, Regulations - Training

ADA Compliance Requirements

The Americans with Disabilities Act (ADA) prohibits discrimination and harassment against qualified employees and applicants with disabilities, plus requires "reasonable accommodations" under certain circumstances.

Covered Employers

The ADA applies to:
  • All private-sector employers, local, state, and federal government agencies with 15 or more employees
  • Employment agencies
  • Labor unions
Employers who provide public services or public accommodations have additional responsibilities to their customers under the ADA.

Eligible Employees

All employees and applicants with disabilities are entitled to ADA protections.
An individual with a disability is a person who:
  • Has a physical or mental impairment that substantially limits one or more major life activities
  • Has a record of such an impairment
  • Is regarded as having such an impairment
A qualified employee or applicant with a disability is an individual who, with or without reasonable accommodation, can perform the essential functions of the job in question.

Reasonable Accommodation

An employer is required to make a reasonable accommodation to the known disability of a qualified applicant or employee, unless it would impose an undue hardship on the operation of the employer's business.

Reasonable accommodations are adjustments or modifications provided by an employer to enable people with disabilities to enjoy equal employment opportunities.

Reasonable accommodation may include, but is not limited to:
  • Making existing facilities used by employees readily accessible to, and usable by, persons with disabilities
  • Job restructuring, modifying work schedules, reassignment to a vacant position
  • Acquiring or modifying equipment or devices, adjusting or modifying examinations, training materials, or policies, and providing qualified readers or interpreters
Accommodations vary depending upon the needs of the individual applicant or employee. Not all people with disabilities (or even all people with the same disability) will require the same accommodation.

An employer does not have to provide a reasonable accommodation if it imposes an "undue hardship." Undue hardship is defined as an action requiring significant difficulty or expense when considered in light of factors such as an employer's size, financial resources, and the nature and structure of its operation.

An employer is not required to lower quality or production standards to make an accommodation; nor is an employer obligated to provide personal use items such as glasses or hearing aids.

An employer generally does not have to provide a reasonable accommodation unless an individual with a disability has asked for one. Once a reasonable accommodation is requested, the employer and the individual should discuss the individual's needs and identify the appropriate reasonable accommodation. Where more than one accommodation would work, the employer may choose the one that is less costly or that is easier to provide.
Featured Courses:

All Course Titles

How To Handle Employee's Accommodation Requests - And Identify Requests That Just Aren't Reasonable
This must-attend training session will help to ensure you are current on the law, understand how to identify true, qualified disabilities, how to handle employee accommodation requests, and how to handle requests that are unreasonable and create an undue hardship on the employer.
Disability Discrimination And The Interactive Process
In this informative audio conference, you will learn how to manage these competing interests, learn a step-by-step approach to responding to employees' requests for work place accommodations without compromising work standards.
Handling Requests For Accommodating Disabilities
This audio conference will walk you through how courts are applying the ADA amendments to various fact scenarios. We will discuss how these fact patterns can guide you through what your company needs to do when an employee requests an accommodation.
Substance Abuse And The ADA
Presented by employment law expert Melissa Fleischer, Esq., this audio conference provides top tips and methods on what you and your managers can legally do to ensure compliance with the ADA – as well as how to best manage employees with substance abuse issues.
Tips For Managing Job Restructuring, Accommodation, And Reassignments
This training session will help you learn how to manage - and avoid mistakes - with managing Job Restructuring, Accommodation, And Reassignments.
Coordinating Paid And Unpaid Leave With Laws, Benefits, Policies, And Employer Obligations
This training session provides insights on how to properly coordinate - and avoid mistakes with - coordinating laws, benefits, and policies, whether for paid or unpaid leave or legally required.
Legal Issues With Telecommuting
The number of employees telecommuting has risen dramatically in the last several years. Though telecommuting obviously has helped employers retain good workers who might have elder care, child care, or other responsibilities stay employed, telecommuting also has significant legal perils. Join employment our law expert as she lays it all out for you and helps ensure that your organization is best protected. 5755 North Point Parkway, Suite 228 Alpharetta, GA 30022 678-366-3959