The Americans with Disabilities Act celebrated its 28th birthday on July 26, 2018. The goal of this Act, which was signed into law by President George H.W. Bush in 1990, is to ensure that all Americans have access to good, family-sustaining employment. In honor of this momentous occasion, we at Achilles Group would like to help you get to know the ADA better. Check out our Question & Answer segment below, or connect with us to set up an ADA consultation.
A Little ADA Q&A
Q: What are the qualifications for ADA accommodation?
A: Fifteen or more employees. No waiting period for employee eligibility. Individual must have a disability as defined by the ADA.
Q: True or False: If an employee is not eligible for FMLA (Family & Medical Leave Act), the company has no obligation to keep the employee's job protected during or after their leave.
A: False. Even if an employee is not eligible for FMLA, the employee may still be eligible for job protection under ADA. This is especially true if there is a defined time frame for the leave that results in a temporary disability affecting one or more major life functions or bodily functions.
Q: Name at least five major life activities that can be impacted by a disability, according to the ADA definition of a major life activity.
A: Caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, sitting, reaching, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, interacting with others and working.
Q: True or False: The company must make the ADA accommodation the employee has requested.
A: False. The employer has the right to determine what the accommodation will be to meet the employee's needs, so long as it is considered reasonable under the ADA definition of reasonable. Additionally, an employer does not have to make an accommodation that alters an essential function of the job, or one that creates a serious health or safety risk for the employee or any other employees within the company.
Q: True or False: I understand what the interactive process for ADA requires, and am prepared to engage when needed.
A: If True - Fantastic! You're way ahead of the game if you understand the process. Achilles Group not only understands the process, but has also created a set of guidelines and forms to assist our clients in easily navigating through the ADA interactive process.
If False - The interactive process is loosely defined by the ADA as a discovery period where the employer works directly with the employee to understand and assess the need and availability of job accommodations for an employee's disability. Achilles Group not only understands the process, but has also created a set of guidelines and forms to assist our clients in easily navigating through the ADA interactive process. Additionally, we work hand-in-hand with our clients to navigate them through the process to ensure an equitable outcome for both the company and the employee.