The Americans with Disabilities Act As Amended (ADAAA) is a vital law that supports equal rights and opportunities for people with disabilities. It breaks down barriers in various aspects of life, including employment. Here, we address five frequently asked questions about the ADAAA and clarify common misconceptions.
1. Does the ADA force employers to hire unqualified individuals?
No, the ADA does not require employers to hire unqualified individuals. To claim protection under the ADA, a person with a disability must be qualified for the job. This means they must meet all job requirements and be able to perform essential functions, with or without reasonable accommodations. The ADA requires fair consideration, not preferential treatment.
2. Are employers required to hire an applicant with a disability over other qualified applicants?
Employers have the freedom to hire the candidate they believe is the best fit for the job, as long as the decision is not based on disability or an unwillingness to accommodate. The ADA does not mandate hiring preference for individuals with disabilities. Employers can choose based on skills, experience, and qualifications relevant to the job.
3. What are reasonable accommodations, and are they costly?
Reasonable accommodations are changes or adjustments to a job or work environment that enable individuals with disabilities to perform essential job functions. These accommodations are not meant to provide special privileges but to ensure equal employment opportunities. Most accommodations come at little to no cost. In fact, 58% of accommodations cost nothing, and others average around $500. Tax incentives are also available to assist businesses with these expenses. Some job-saving accommodations are as simple as providing a chair for the employer, or raising or lowering a desk or allowing a brief break for an insulin injection, for example.
4. Do small businesses have to comply with the ADA?
The ADA’s employment provisions apply to businesses with fifteen (15) or more employees. These specific rules do not cover smaller businesses. Employers do not need to provide accommodations that would cause undue hardship, considering the size and financial resources of the organization.
5. What is an interactive process?
Even when a reasonable accommodation is not possible, employers may be liable if they do not engage in an “interactive process” with the employee to attempt to find a reasonable accommodation. Employers should meet with employees and discuss options. Sometimes an accommodation from a doctor is not reasonable, but after the legally compelled “interactive process,” the parties arrive at a different accommodation that will be satisfactory to all.
6. Are ADA-related lawsuits overwhelming the courts?
While ADA lawsuits can be high-profile, most employment-related disputes are resolved through negotiation or mediation, not litigation. It is important to consult a lawyer to determine if there is a valid case. A legal professional can provide guidance on the strength of your claim and help navigate the complexities of ADA regulations.
In many situations, a simple non-antagonistic contact from an attorney can assist the employer to reach a reasonable accommodation for the employee, in a truly “win-win” result.
Understanding the ADA helps dismantle myths and fosters inclusivity in the workplace. Embracing diversity not only aligns with legal requirements but also strengthens the workforce by tapping into a broader talent pool.