“That’s where I see policy sometimes fall short is that the same form letter is given to each person and often that form letter asks for more information than is necessary to understand whether the person has a disability and has limitations for which they need accommodations.”The program was sponsored by the ABA Commission On Disability Rights, Commission on Law and Aging, Government and Public Sector Lawyers Division, Section of Labor and Employment Law, Section of State and Local Government Law, Solo, Small Firm and General Practice Division, Young Lawyers Division, and the Center for Professional Development.ABA EVERYDAYTry a different free member benefit each day FIRST FOCUSJob market today: Hire the best, get the job you want EYE ON ETHICSLawyer review of jurors’ presence on the Internet TECHNOLOGY TRANSLATORSProtect your firm from malicious email attacks MEMBERSHIPJoin ABA practice specialty groups ABA ADVANTAGEHoliday savings with Hilton AROUND THE ABASeasoned attorney’s practical tips on winning cases Toward retirement: Five musts on succession planning Is your personality suited to a solo or small firm career?
She doesn’t advise setting timelines for dealing with accommodations requests, but Mc Laughlin recommended acting as quickly as possible to gather the needed information from the employee in order to make a decision.
Campins said the amendments have taken the focus off whether someone is disabled and placed it on job performance and whether they can perform that job with reasonable accommodations.
“A large majority of cases are not dealing with disability any more so the best practice I suggest is to move quickly past the first stage,’’ she advised.
These benefits were obtained with little investment.
The employers in the study reported that a high percentage (59%) of accommodations cost absolutely nothing to make, while the rest typically cost only 0.
“What you want to do is keep a productive worker in the workforce.”She listed some tips for employees in initiating a request for accommodations.
They include: The panelists agreed that employers should ensure that requests for accommodation are dealt with by the HR department and not supervisors.While you need to be reasonable in giving an employee an opportunity to provide their information, Mc Laughlin encouraged employers to “document the employee’s lack of cooperation.”Reasonable accommodations include: Dealing with ADA issues is an interactive process that generally involves the employee, the employer [HR department], perhaps the employees’ medical provider, the employer’s medical provider or other outside sources.Mc Laughlin advised employers to “never say never” at the beginning of the conversation for accommodation.“All of this focuses on individualized assessment; taking the facts as they are presented and working with the employee to determine how you can keep them at work, absent undue hardship,” Mc Laughlin said.However, a study conducted by the Job Accommodation Network (JAN), a service of the U. Department of Labor’s Office of Disability Employment Policy (ODEP), shows that workplace accommodations not only are low cost, but also positively impact the workplace in many ways. JAN, in partnership with the University of Iowa’s Law, Health Policy, and Disability Center (LHPDC), interviewed 1,182 employers between January 2004 and December 2006.In addition, JAN, in partnership with the West Virginia University School of Social Work (formerly School of Applied Social Sciences), interviewed 1,188 employers between June 28, 2008, and July 31, 2017.In enacting the 2008 amendments to the Americans with Disabilities Act, Congress made it easier for an individual seeking protection to establish that he or she has a disability.