A Simple Guide for Employers

October is National Disability Employment Awareness Month (NDEAM), a time to celebrate the contributions of workers with disabilities and promote inclusive work environments. This month highlights the importance of creating equal opportunities for individuals with disabilities and emphasizes the value they bring to the workforce.

As a business owner or HR manager, it’s important to understand how to support employees with disabilities and ensure your company complies with the Americans with Disabilities Act (ADA). This law protects employees and job applicants with disabilities from discrimination and ensures they have the opportunity to perform their jobs with reasonable accommodations.

Who Is Protected?

The ADA protects individuals with disabilities from being discriminated against in the workplace. Under the ADA, a disability is defined as a physical or mental condition that significantly limits a major life activity. Major life activities include things like seeing, hearing, speaking, walking, breathing, or working. The ADA also protects individuals who have a history of a condition that substantially limited their abilities.

To qualify for ADA protection, the individual must not only have a disability, but they must also be qualified to perform the essential functions of the job, with or without reasonable accommodation. This means they must meet the basic job requirements, such as education, experience, and skills, and be able to handle the core responsibilities of the position.

What Are Essential Job Functions?

Essential job functions are the core tasks and responsibilities required by a position along with duties that an employee must be able to perform in order to do the job effectively. For example, if the job exists specifically to perform certain tasks, then those tasks may be considered essential.

There are a few factors to keep in mind when determining essential functions:

  • Purpose of the position: Is the job specifically designed to perform certain tasks?
  • Number of employees: How many people are available to perform this task? Can it be shared among others?
  • Skill level: Does the role require a high level of expertise or specific training to complete the task?

The best practice is to document the essential functions of the job in a clear job description before you start recruiting or interviewing candidates. This job description will help clarify expectations and guide hiring decisions. It also serves as useful evidence if there’s ever a question about whether a task is essential under the ADA.

What Are Reasonable Accommodations?

A reasonable accommodation is a change in the workplace or the way a job is done that allows an employee with a disability to perform their essential job duties or apply for a job. Examples of reasonable accommodations include adjusting work schedules, modifying equipment, or restructuring certain job tasks to fit the needs of the employee.

Reasonable accommodations should also allow an employee with a disability to enjoy the same benefits and privileges of employment as other employees. This could include participating in training, attending company events, or using company resources.

Here are some examples of reasonable accommodations:

  • Modifying work schedules or allowing part-time work
  • Providing assistive technology or modifying equipment
  • Reassigning non-essential tasks or restructuring the job
  • Making the workspace accessible, such as adjusting desk heights or widening doorways

It’s important to note that employers are required to provide reasonable accommodations unless doing so would cause an “undue hardship.”

What Is Undue Hardship?

An undue hardship refers to an accommodation that is too difficult, costly, or disruptive for the business to implement. Factors that influence whether something is an undue hardship include the size of the company, its financial resources, and the impact on the overall operation.

For example, if providing an accommodation would require a company to undergo major construction or spend a large portion of its resources, it may be considered an undue hardship.

How Do I Identify a Reasonable Accommodation?

In many cases, an employee with a disability will be able to suggest an accommodation that works for them based on their experience. However, if the appropriate accommodation isn’t immediately clear, you should work with the employee to explore different.

Final Thoughts

Understanding and complying with the ADA is not just about avoiding legal risks—it’s about creating an inclusive work environment for all employees. By ensuring that you provide reasonable accommodations and protect employees with disabilities, you contribute to a positive company culture and help your business stay competitive.

If you’re ever unsure about ADA requirements or accommodations, don’t hesitate to consult our experienced HR team at UniqueHR. It’s all about working together to find solutions that help both the employee and the business succeed.