AMERICANS WITH DISABILITIES ACT (ADA/ADAAA)
Americans with Disabilities Act (ADA/ADAAA) is a law that was enacted in 1990 and amended in 2008 (ADAAA) by Congress that prohibits discrimination based on disability. Under the ADA, employers are required to provide reasonable accommodations to qualified individuals with disabilities, unless doing so would pose an undue hardship. (42 USC δ 12101). This federal statute is applicable to all employers who employ 15 or more employees including part-time employees.
SIMPLIFYING THE COMPLEXITY OF THE ADA:
Consistency and compliance are key components to a well-defined ADA program.
The EEOC (Equal Employment Opportunity Commission) as well as the courts are mandating strict adherence to this federal statute and are assessing employers’ hefty fines that can amount to tens or even hundreds of thousands of dollars in penalties. Larger corporations have been assessed multimillion-dollar fines for ADA employment violations. When faced with a charge or a lawsuit, it’s not only the actual case that should cause concern, but the reputational risk can be even more damaging. Once the news of a federal statute violation hits the press, a price tag cannot be placed on employee morale and a lack of productivity that often follows.
We invite you to let a trusted and knowledgeable subject matter expert (SME) on the ADA help to navigate the complexity of this statute.
- Identification and evaluation of ADA program needs, gaps and opportunities.
- Creation and/or revision of leave of absence and/or reasonable accommodation policies.
- Comprehensive Compliance Analysis of the ADA program’s effectiveness, quality and compliance.
- Creation and/or revision of the ADA program provide a consistent and systematic approach to disability management.
- Compliance Reviews are recommended after the program has been in place for (6) months and (12) months.
- ADA Refresher training is recommended annually.