Monday, July 26, 2021, marks 31 years since the passage of the Americans with Disabilities Act (ADA), a landmark piece of civil rights legislation which, among other things, prohibits workplace discrimination against qualified individuals with disabilities in companies having fifteen or more employees.
Under the ADA, employees with disabilities are empowered to request “reasonable accommodations” if needed to perform the essential functions of their jobs. Examples of reasonable accommodations include, but are not limited to, modified work schedules or duties, reassignment, and, in some instances, temporary leave. Requesting an accommodation triggers the joint responsibility of the employee
and employer to participate in an “interactive process” to determine how best to accommodate the employee’s disability.
Unfortunately, navigating the ADA and participating in the required “interactive process” can sometimes be tricky for employers. Common pitfalls include failing to recognize an accommodation request, mistaking a novel request for an unreasonable request, failing to properly document the interactive process, and prematurely terminating communication with the employee. Any one of these mistakes can give rise to an ADA claim which could, in some cases, be fatal to an employer’s business and/or reputation.
For more than thirty years, Conner & Winters has been
helping employers navigate these pitfalls -protecting employers and employees alike. We take pride in preventing ADA claims before they arise and, when litigation does ensue, deploying our innovative defense strategies designed to achieve a quick and cost-effective resolution for our clients.
For more information about ADA compliance or other employment issues, please contact us at 918-586-5711 or visit our website at https://www.cwlaw.com/.