ADA: Prevention Is the Best Medicine

By Terri L. Rhodes, CCMP, CLMS, CPDM, MBA

CEO
DMEC

Integrated absence management (IAM) has always included an element of prevention — of disability and needless time off work, of lawsuits, and of loss of intellectual capital. But prevention comes with challenges.

Employees often alert employers when they face challenges that prevent them from performing their job because of physical or mental health issues. However, as we all know, they don’t always use words that are crystal clear when making an accommodation request. And we know the law strongly upholds that a person need not make a formal request, but only indicate they are struggling with physical or mental difficulties that are impacting their work abilities.

Much of the ambiguity about whether an employee has a qualified disability has been clarified due to the ADA Amendments Act (ADAAA). If an employee requests an accommodation, the employer is legally required to engage in the interactive process to search for an effective reasonable accommodation. This includes the determination of whether or not an individual has a qualified disability with or without medical documentation.

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