How the ADA Reminds Us to Do the Right Thing

By Linda Croushore, MEd

Sr. Director, Disability Services
WorkPartners

The Americans with Disability Act (ADA) is a law that, as employers, we love to hate.

We all know the reasons. Its complexity makes compliance difficult, and it involves medical information which triggers the constraints of the Health Insurance Portability and Accountability Act. And let’s be honest, the ADA is so ambiguous that, in some cases, you’re not confident that your decision was “compliant,” even if you did the right thing.

However, if you take a minute to review an ADA case in which you successfully helped an employee retain employment and feel like a valued part of your organization, you can remember why this law is such a needed reminder to all employers. Let’s take a moment to look at just one example of how we help our employees when we apply the ADA interactive process.

Mary is a 56-year-old clinical nurse who has been with the organization since 1990. She has always been a solid performer, works to provide the best care possible to her patients, and helps her peers by sharing her knowledge and assisting where possible. She takes on the role of a charge nurse when needed, though she prefers to be providing care to patients.

Recently, Mary has shared that she is struggling with multiple sclerosis, and the condition is progressing. She is having trouble walking long distances, and she is concerned about her ability to safely transfer her patients. She expressed concern over her ability to continue working in her role, but wants to continue to work.

A disability management coordinator was brought on the case, and the first step was to clarify Mary’s abilities with the medical provider. It was determined that while some temporary modifications could be made to keep Mary in her current role, her concerns over patient safety were indeed a factor in the decision around the best method for accommodating Mary’s condition.

As a team, Mary, the disability management coordinator, human resources, and clinical leadership determined that the best accommodation for Mary would be a newly vacant position in care management. This role would allow her to continue utilizing her years of knowledge in the clinical setting to educate patients and their families about the specifics of their medical situation. In this position, Mary could be accommodated if needed with assistive technology such as speech recognition software and a scooter to help traverse the facility should this need arise. Mary was transferred into this position within a month of her restrictions being clarified.

Mary’s accommodation request was satisfied very efficiently, but not all cases progress this smoothly through the process. It’s important to remember that the ADA interactive process is not an episodic, time-limited, “one-and-done” benefit. Mary has moved into a new role that accommodates her current condition, but given the progressive nature of her condition, she may need additional support in the future. It is important to maintain an ongoing conversation about the options for accommodation. By keeping the conversation open, the disability management coordinator should be able to help prevent disruptions to Mary’s job performance or unnecessary delays in the accommodation process.