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The Americans with Disabilities Act (ADA)1 requires employers with 15 or more employees to provide reasonable accommodation(s) to employees with disabilities. The Equal Employment Opportunity Commission (EEOC) recommends engaging in an informal or interactive process2 to understand employee needs and identify a reasonable accommodation. Each employee has unique requests, needs, and experiences, which is why workplace accommodations never have a one-size-fits-all solution. A well-defined and broadly communicated internal process supports workplace accommodations and helps employees advocate for themselves.

The absence management world changed on June 27, 2023, when the Pregnant Workers Fairness Act (PWFA) went into effect. And it’s a game-changer. The law (H.R. 1065)1 was included in the 2022 year-end federal omnibus legislation. The Equal Employment Opportunity Commission (EEOC) released draft regulations on Aug. 11, and an open comment period for the public to submit comments to the proposed regulations ends on Oct. 11, 2023.

Can an employer accommodate a custodian who has a no heavy lifting restriction if the essential job functions include taking out trash, vacuuming, mopping, and moving furniture? To get to a yes in this situation, employers need more information. What one person considers heavy lifting might not be heavy for another, which is why individual assessments are not only required but also helpful for creating understanding between the employee and employer. Employers need to understand what “heavy” means for the employee and should clarify other vague work restrictions, such as “repetitive” or “forceful.”

When an employee makes a request for accommodations under the Americans with Disabilities Act, the interactive process required by the Equal Employment Opportunity Commission can be difficult to manage. Technology can help with some of the more challenging parts of the process — from staying compliant to improving employee engagement and retention.

More than 27 million cases of traumatic brain injury (TBI), a category that includes falls, motor vehicle crashes, and sports injuries, occur globally every year.1 Described as a silent epidemic, the injuries can be difficult to manage due to complex coding that affects claims and an outdated approach that may delay an employee’s return to work. While the data is daunting, there are things employers can do to prevent TBIs and support employees.

Under the Americans with Disabilities Act (ADA) and the Pregnant Workers Fairness Act (PWFA), a transfer or reassignment to a new job can be a reasonable accommodation. Employers may forget about this accommodation option — or may not be interested in discussing it — which can create a significant risk of liability.

While it could be years before psychedelic treatment for mental health conditions is included in employer-sponsored plans or insurance offerings, the groundwork is being laid for that to happen. Many people believe psychedelic medicines are following the path of cannabis, which is illegal under federal law though states have legalized recreational and medicinal use. This is an issue employers will want to watch.

While most absence and disability managers are familiar with the costs of absenteeism — an estimated $150 billion annually — some might not realize that employee presenteeism can cost 10 times more. Employers can have a positive influence on presenteeism by implementing strategic outreach, targeted communication, and by considering whether their culture encourages a sense of psychological safety.