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ADA Mistakes Employers Should Avoid and Employees Need to Know

Feb 12

Under the Americans With Disabilities Act (ADA), “a reasonable accommodation is a modification or adjustment to a job, the work environment, or the way things are usually done during the hiring process.” These accommodations may include:

While these rules make leeway for employers to offer reasonable accommodations to employees, there are still mistakes employers should avoid and employees need to know in case they happen to them in the case of accommodations.

ADA Mistakes in the Workplace

While HR and management should do everything in their power to make reasonable accommodations for employees who need them, there are common mistakes that occur. The most common include:

In addition, employers need to be mindful of job descriptions because certain actions may be good-intentioned but not actually be a good idea.

Employers need not remove essential job functions from an employee’s job description–all they need to do is come up with reasonable accommodation to that function. If a job function is not essential, the employer may eliminate it.

In these cases, to avoid the issue, the employee must keep up to date records of job descriptions. In general, job descriptions typically focus on physical requirements like lifting and standing as well as stamina requirements. These are the factors that become problematic when determining reasonable accommodation.

Under the ADA, employees disability status will be dependent on:

However, if an employer neglects these classifications or has been found to make one of the common accommodation mistakes, you need legal guidance.

Disability Discrimination Employment Lawyers

As a New York-based employee, you have a right to a safe and accessible workplace. If you believe that you were a victim of disability discrimination or harassment, call Brown Kwon & Lam, LLP today.

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