FAQ Friday Category ADA

Handling tricky ADA accommodation requests requires a combination of empathy, flexibility, and adherence to legal requirements. By fostering open communication, conducting individualized assessments, consulting with experts, exploring alternative solutions, documenting the process, and conducting regular reviews, employers can effectively navigate…

The short answer? Due diligence! As organizations strive to create inclusive and diverse workplaces, the need for effective ADA accommodations management becomes increasingly crucial. Ensuring that employees with disabilities have equal opportunities and access to the workplace is not just…

No. The Americans with Disabilities Act requires an interactive process as a key component of the accommodation process. This should consist of a documented exchange between employer and employee. If the employer is inclined to grant the request — perhaps…

According to the Equal Employment Opportunity Commission (EEOC), employers cannot ask for documentation when (1) both the disability and the need for reasonable accommodation are obvious; or (2) the individual has already provided the employer with sufficient information to substantiate…

It is best practice to centralize accommodation requests and final decision-making to a team specifically trained in the Americans with Disabilities Act (ADA) interactive accommodation process. However, it is important to train your managers to recognize when the interactive process…

Essential functions are the core job duties for which an employee is hired and must be able to perform, with or without reasonable accommodation. Essential job functions assist an employer in determining if and how an accommodation could be granted.…

In general, it is never too late to document essential job functions so long as the documentation reflects the actual essential job functions being performed. The EEOC guidance on COVID-19-related issues contains a number of FAQs that address employer requirements…

This is a tough question for a lot of employers and has far-reaching impacts for both the FMLA and the ADA. In some ways an employer does need to act as a bit of a mind reader as an employer’s…

The employer and employee must proceed in a reasonably interactive manner throughout the ADA process; however, there are times when an employee doesn’t cooperate. The key for employers in these cases is to continue to communicate with the employee during…

The Americans with Disabilities Act (ADA) confidentiality rules apply at every stage of employment, including the hiring process. The general rule is that supervisors and managers can be given the medical information needed to effectively implement an accommodation. Here are…