The Americans with Disabilities Act in the Workplace
The Americans with Disabilities Act (ADA) of 1990, as amended by the ADA Amendments Act (ADAAA) of 2008, prohibits discrimination against qualified individuals with disabilities in all aspects of employment. For SHRM exam candidates, understanding the ADA's requirements, particularly regarding reasonable accommodations, is a fundamental competency area.
Who Is Protected Under the ADA?
The ADA protects "qualified individuals with disabilities." To qualify for protection, a person must have a disability as defined by the law and be able to perform the essential functions of the job, with or without reasonable accommodation. The ADA defines disability in three ways:
- A physical or mental impairment that substantially limits one or more major life activities.
- A record of such an impairment (history of disability).
- Being regarded as having such an impairment (perceived disability).
The ADAAA broadened the definition of disability significantly, making it easier for individuals to establish that they have a disability. Congress emphasized that the definition should be interpreted broadly and that the focus should be on whether employers have met their obligations, not on whether an individual meets the definition of disability.
Essential Functions of the Job
A critical concept under the ADA is "essential functions." These are the fundamental duties of a position that an individual must be able to perform. Factors that help determine whether a function is essential include whether the position exists to perform that function, the number of other employees available to perform the function, and the degree of expertise required.
HR professionals should ensure that job descriptions accurately reflect essential functions, as these documents can serve as evidence in ADA disputes. Job descriptions should be reviewed and updated regularly.
The Reasonable Accommodation Process
One of the most important aspects of the ADA for HR professionals is the reasonable accommodation requirement. Employers must provide reasonable accommodations to qualified individuals with disabilities unless doing so would cause undue hardship. Common reasonable accommodations include:
- Modified work schedules or flexible scheduling.
- Reassignment to a vacant position.
- Acquisition of assistive technology or equipment.
- Modification of workplace policies or procedures.
- Physical modifications to the workspace.
- Providing qualified readers or interpreters.
- Allowing telecommuting or remote work arrangements.
The Interactive Process
When an employee requests an accommodation (or when the employer becomes aware of a potential need), the employer must engage in an "interactive process" with the employee. This is a collaborative dialogue designed to identify effective accommodations. The interactive process typically involves the following steps:
- Recognize the accommodation request (which does not need to be formal or in writing).
- Gather information about the employee's limitations and how they affect job performance.
- Identify potential accommodations with input from the employee.
- Evaluate the reasonableness and effectiveness of each accommodation.
- Select and implement the most appropriate accommodation.
- Monitor the accommodation's effectiveness and adjust as needed.
Undue Hardship
Employers are not required to provide accommodations that would impose an undue hardship. Undue hardship is defined as significant difficulty or expense when considered in light of factors such as the cost of the accommodation, the employer's financial resources, the size of the business, and the impact on operations. This determination must be made on a case-by-case basis.
Medical Inquiries and Examinations
The ADA strictly limits when employers can make disability-related inquiries or require medical examinations. Before a job offer, employers cannot ask about disabilities or require medical exams. After a conditional job offer, employers may require medical exams if they are required for all entering employees in the same job category. During employment, disability-related inquiries and medical exams must be job-related and consistent with business necessity.
SHRM Exam Tips
For the SHRM exam, focus on the interactive process, the difference between essential and marginal job functions, the concept of undue hardship, and the restrictions on medical inquiries at each stage of employment. Remember that the ADA applies to employers with 15 or more employees and that the EEOC enforces the law.