EMPLOYEES AND THE ADAAA: WHAT IS A REASONABLE ACCOMMODATION?

October is National Disability Employment Awareness Month. Much progress has been made in helping people with disabilities overcome discrimination and meet employment challenges through the Americans with Disabilities Act of 2008 (ADAAA). Employers are required to provide access to jobs with competitive wages when reasonable accommodations are possible. However, there is still a need to advocate for the rights of disabled workers. Employers may not understand or be willing to comply with the interactive process of making the workplace accessible for workers who are able to perform essential job functions with reasonable accommodations.  

When an employee notifies an employer they have a disability that substantially limits one or more major life activities, employers are obligated to discuss possible accommodations. These must be reasonable modifications or adjustments to the job or work-site that provide the same benefits and privileges of employment as all other employees. Some examples:

·        Assistive equipment or technology ·        Shift change ·        Extra training ·        Removal of non-essential functions ·        Reassignment to open positions ·        Allowing assistive animals ·        Allowing work from home ·        Allowing paid or unpaid leave

Effective solutions must be found quickly and with due diligence. Employers may consult ergonomists or rehabilitative specialists. Employees may benefit from recommendations from their medical providers. With proper job analysis, ongoing communication, and evaluation of accommodations, employers can empower workers with disabilities to achieve independence and strengthen our communities.

When an employee believes they have been discriminated against due to a disability, they may seek assistance in filing a complaint. Legal nurse consultants are uniquely qualified to assist in the investigation of these claims regarding the types of major life activities and major bodily functions covered by the ADAAA.  Contact Margo Craig RN, LNC for assistance in reviewing and developing the medical aspects of employment discrimination claims at sentrylegalnurse@gmail.com.