1. Read

• Read the original ADA, as well as the EEOC changes that will go into effect as a result of the ADAAA. (www.eeoc.gov)

– The EEOC the Attorney General, and the Secretary of Transportation have
authority to issue regulations and interpretive guidance to the statute.

2. Encourage A Respectful Work Environment

• Encourage a respectful work environment which promotes an interactive process to provide accommodations that mutually benefit employer and employee to comply with the law, avoid liability, and support productivity. The emphasis is on compliance instead of disability.
• Encourage a respectful work environment to reduce the risks of discrimination claims.
  

3. Update Handbooks And Policies

• Update handbooks, policies, and medical certification forms to represent the updated definition of "disability" and "construed in favor of broad coverage" so that individuals with legitimate disabilities are protected.
• Update job descriptions with essential job functions specific to the employee’s actual or prospective position rather than a generic job class.

– Document what steps were taken to ensure that each qualification is actually job
related (e.g. job was observed and analyzed by a competent expert of specified
qualifications, incumbents performing the position were surveyed regarding the
essential job functions).

• Update job performance standards that are specific to the job and include both quantitative and quality standards.
• Update conduct rules, time/attendance policies, work safety rules, and request for medical exams policies to meet the “business necessity” test.

– Verify that leave of absence policies contemplate same as a possible accommodation.

• Update procedures for responding to requests for reasonable accommodations, the steps for the interactive process, requesting medical verification of the disability, and documentation of process.
• Update interviewing and hiring policies, including pre-employment inquiries about physical abilities and pre-employment medical examinations to avoid discrimination.
  

4. Consult with Experts

• Consult with legal counsel if there are doubts about whether an employee’s physical or mental impairment constitutes a disability under the law.
  
• Consult with medical experts for assistance to determine how to accommodate certain medical conditions.

– The Job Accommodation Network (JAN) has extensive resources to assist employers with identifying potential reasonable accommodations. (www.jan.wvu.edu)

– Disability Advocates of Kent County has Occupational Therapy professionals that are available to do work place job analysis for an hourly fee. Call 616-949-1100, Ext. 255 and ask for Lisa Nelson.

5. Centralize The Process

• Centralize the process for accommodation requests to provide due diligence in case of a lawsuit.
  

6. Review Denied Accommodations

• Review previous requests for a reasonable accommodation that were denied because it was perceived that the employee did not satisfy the ADA’s definition of the term “disability” to determine if the new ADAAA changes the analysis.

– Employers can no longer consider measures such as medications, hearing aids, and prosthetics in determining whether an employee meets the definition of having a disability.

7. Provide Management Training

• Provide training to identify what constitutes a disability and to recognize an employee’s disclosure of a disabling condition for an accommodation consideration.

– Some of the covered conditions are “hidden disabilities” and may not be readily visible (e.g. diabetes, epilepsy, severe back pain, learning disabilities, obsessive-compulsive disorders, and depression).

• Provide training for management to present:

– Clear guidance regarding the quantity, quality, and timetables for production.

– Coaching for performance and conduct, without focus on disability.

– Accurate and non-disparate feedback and evaluations.

• Provide training on how to document:

– The interactive process to determine an accommodation, the accommodation provided, and the result to performance.

– The undue hardship or direct threat (a significant risk of substantial harm to his/her own health or safety, or the health or safety of others) as to why an accommodation could not be provided.

• For undue hardship, documentation of the difficulty or expense of the requested accommodation in relationship to the employer’s ability to provide the accommodation.

• For direct threat, the documentation of an assessment from a health care provider, with the most current medical knowledge, that specifies what kind of harm, how likely, how soon, and how frequent it is expected to occur.

– That management decisions were based on performance and/or business necessity, and not on the disability, especially when the poor performance may have been a result of the disability.

8. Provide Diversity Training

• Provide training to management and employees as to the ADAAA’s definition of a person who is “regarded as” disabled to avoid discrimination claims as a result of denigrating comments about employees’ physical appearance, or physical and mental abilities.
  

9. Review Contracts

• Review contracts with other companies to verify there is no discriminating effect against individuals or groups on the basis of disability.