Going “Above & Beyond”: Exceeding ADA Requirements Without Getting Burned
By Francis Alvarez, JD
Principal, National Coordinator of Disability, Leave & Health Management Practice
Jackson Lewis PC
Despite Americans with Disabilities Act (ADA) litigation horror stories, some employers surpass ADA requirements and provide extra support to employees without suffering legal penalties. To achieve this, however, requires advanced accommodation program design and protocols. Some professionals ask, “but why would I want to surpass ADA requirements?” It may be best to answer this question with other questions, such as:
- Why would you want skilled, experienced employees to leave your organization?
- Why would you want to increase ADA litigation risks for your organization?
We need to stop thinking of the ADA as a problem to be mitigated and start seeing it as an opportunity. Many employers have made that shift in regard to workers’ compensation (WC) claims. WC costs can be so significant that some organizations adopt an “above and beyond” attitude toward helping WC claimants stay at work (SAW) or return to work (RTW).
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