During a recent conversation with a legal beagle, I discovered some interesting facts that will impact employers, HR professionals, my clients, and employees as well. I call them the 4 Rules of Understanding ADA.
Here they are:
1. According to the law, we are ALL disabled (with very few exceptions) because of all of the bodily functions covered under the Act, and how impairment is defined.
2. When an employee claims they have a disability, employers must engage in an interactive process. That means talk to the employee to find out what they need to accommodate them. The employer must not assume that all cases are the same or every employee will need the same solution for a similar impairment.
3. Employers are expected to make reasonable accommodation for the disabled employee so that employee can perform his/her responsibility on the job. If the employers does not accommodate it must be because a. it was cost prohibitive and/or b. doing so would cause harm to the employee or others.
4. Temporary and intermittent condition that create an physical or emotional impairment are considered disabilities. Even conditions, such as migraines and high blood pressure, that are controlled/managed by treatment/medication, can still be a disability if it impairs the employee physically or emotionally. This might also include pregnancy, allergies, depression and numerous others.
What this means for employers: Know the law. Be prepared and willing to accommodate.
What this means for employees: Know your rights. If you feel you have an impairment that affects your ability to perform a major life function, be prepared to engage in a healthy two-way discussion with your employer, if you need an accommodation of some sort.
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