MBS 30 Second Newsletter - Americans with Disabilities

The Americans with Disabilities Act (ADA) applies to employers with 15 or more employees. Under the "Act" an employer:

May not discriminate against a qualified individual with a disability.
Must "Reasonably Accommodate" a known disability, and
May not take adverse employment action because an individual is perceived as having an impairment.

In 2010, the definition of disability was expanded considerably to include "major life activities" and "major bodily functions". Don't assume all disabilities are physical. A qualifying disability can include conditions like diabetes, a heart condition, or difficulty concentrating.

Companies should train managers to be aware of signs that an employee might qualify as disabled, and ensure that practices and company policies do not inadvertently violate the law.

A great resource for ADA compliance is the Job Accommodation Network (JAN) located here - www.askjan.org . JAN (affiliated with the Department of Labor) includes free one-on-one consultations with employers or anyone working to comply with the ADA.

Remember that other laws often interact with the ADA such as the Family Medical Leave Act (FMLA) or Worker's Compensation.

Please contact us with any questions.

Thank you again for your business. If you find our newsletter useful please feel free to forward to others who might be interested.