ADA compliance for employers

The ADA, enacted in 1990, has provided important workplace protections for employees and job seekers. It prohibits employers, employment agencies, labor unions, and others from discriminating against employees with disabilities and requires them to ensure equal opportunity through reasonable accommodation if necessary.

The ADA is complex and nuanced, involving multiple layers of regulations. Fully understanding the ADA and becoming ADA-compliant can be challenging, but the right knowledge and resources can help. Here you’ll learn:

• What the ADA is

• What the ADA requires of employers

• How to ensure ADA compliance

• Where to get third-party support with ADA functions

What is the Americans with Disabilities Act?

The Americans with Disabilities Act (ADA) prohibits discrimination against people with disabilities in key areas like employment, transportation, communications, and public accommodations. This federal regulation requires organizations — including employers with 15 or more employees — to provide accommodations for people with disabilities, including employees, job seekers, and customers.

How the ADA applies to employers

The ADA is divided into five titles:

• Employment: Title I requires employers with 15 or more employees to provide qualified individuals with disabilities equal opportunity — through reasonable accommodation — to all employment-related opportunities extended to other team members. It also prohibits discrimination against those with disabilities in recruiting, hiring, promotions, training, career advancement, and social activities. Applicants cannot be asked about a disability before a job offer is made.

• State and local government activities: Title II requires all state and local governments to provide accommodation and equal access to benefit from all programs, services, and activities.

• Public accommodation: Title III covers businesses and nonprofit service providers, which include privately owned entities like commercial facilities or privately operated transportation services. It consists of a range of basic nondiscrimination requirements, from architectural standards for both new and altered buildings to effective communication with people with hearing, vision, or speech disabilities. Digital accessibility is becoming increasingly important under the public accommodation Title III.

• Telecommunications relay services: Title IV requires that telephone and television access is protected for those with hearing and speech disabilities and requires common carriers to establish telecommunication relay services that allow for third-party communications assistants.

• Miscellaneous: Title V contains a variety of provisions relating to the ADA as a whole, including its relationship to other laws, state immunity, its impact on insurance providers and benefits, the prohibition against retaliation and coercion, illegal use of drugs, and attorney's fees.

ADA compliance

The ADA impacts all employers with 15 or more employees; even small business owners are impacted by accessibility laws. Employers must provide reasonable accommodations for employees with disabilities, unless they can prove that doing so would cause undue hardship.

Both current employees and job seekers are protected by the ADA. As a result, employers cannot ask about a person’s disability before a job offer has been extended.

Overall, the ADA prohibits employers from discriminating in their employment practices based on a team member’s disability. These employment practices include:

• recruitment

• pay

• hiring

• firing and lay-offs

• promotions and career advancement

• job assignments

• training or continual education

• leave

• benefits

• all other employment-related activities.

Employers who want to assess their current awareness and understanding of the ADA can consider taking our ADA Knowledge Quiz.

Types of ADA requests

There are three types of ADA accommodation requests, each covering a different scenario that may require employer responses and accommodations. These requests include:

• Lost time/continuous leave: The employee will miss time at work due to a medical condition.

• Lost time/intermittent leave: The employee will miss time at work periodically and may require reduced scheduling.

• No lost time/workplace accommodation: The employee will work their standard hours but may require another accommodation (such as a supportive desk or rest breaks) or a change in schedule.

The ADA accommodation process

The ADA accommodation process is the process employers must use to provide employees with necessary workplace accommodations. Employers must take the following six steps:

1. Initiate accommodation request: Employers can be responsible for making reasonable accommodations even if an employee isn't the one to initiate a request. Requests can be made by managers and employees or based on a review of a disability or leave request.

2. Gather the necessary information and documentation: Key information should include job descriptions, relevant medical information, and job requirements.

3. Assessment of requests and solutions: The assessment period may involve the employer, the employee, and potentially a third-party (such as a medical team) working to find the right accommodation. The accommodation must be determined to meet the legal definition of ADA.

4. Recommend accommodations: All suggested accommodations are reviewed and approved by key stakeholders.

5. Implementation and management: The accommodation is implemented. Management may conduct periodic reviews and make necessary adjustments to adapt to changing situations. It may also include accessibility improvements.

6. Complete accommodation: An accommodation is considered complete when it is no longer required or reasonable as defined by the ADA. Some accommodations end, while others are permanent, depending on the employee’s disability.

Consequences of non-compliance

Businesses found to be non-compliant with ADA rules and regulations can face significant financial repercussions, including fines, penalties, and punitive damages.

Employees can sue employers who fail to provide reasonable accommodations per ADA standards. Businesses risk first-time civil penalties of $55,000-$75,000 for the first offense, and up to $150,000 for subsequent offenses.

Compensatory damages from accessibility lawsuits may range from $50,000 to $300,000, depending on multiple factors, including the employer's size. As a result, the cost of mismanaging ADA compliance can be steep.

In addition to the financial repercussions, employers who are found to be knowingly non-compliant may experience poor PR and an impacted brand reputation.

How Guardian can help

Some businesses and organizations that are required to comply with ADA regulations may find it difficult to do so. Understanding and complying with the regulations can be challenging, which is why Guardian Absence Solutions^SM includes comprehensive ADA services.

Employers can choose from the following Guardian ADA services, depending on the level of support that best suits their needs.

If you’re ready to learn more about creating a compliant work environment, you can subscribe to our blog to learn more.

For more information on ADA compliance and how Guardian’s ADA solutions may help, see our Deep Dive into the ADA webinar.