
Sometimes it seems like every time you get to know the existing employment laws, new ones are put into action that increase your legal liability as an employer. One such area involves ensuring that employees who are entitled to them get ADA accommodations.
Check out three common types of ADA accommodations so you can stay compliant and avoid lawsuits at your practice.
1. Disability Accommodations
The ADA requires employers to accommodate (by altering or changing) an employee’s job duties if they are unable to perform the job as the result of an underlying disability. Disability is defined as a “physical or mental impairment that significantly limits one or more major life activities of a person.”
You’ll want to loop in your staff attorney if you’re in a situation where an employee is requesting an ADA accommodation related to a disability. Your legal team can help you review the employee’s job duties against their medical abilities so you can pinpoint exactly which accommodations will be most helpful to them.
The only exception to the law is when such accommodation would cause an undue hardship, which requires a separate analysis in concert with your legal counsel.
The accommodations you offer may include some of the following examples, among others:
- Increased break time
- Ability to leave work early
- Leave of absence
- A new work environment with modified restrooms or desks
- Technologies with accessibility tools
2. Pregnancy Accommodations
The Pregnant Workers Fairness Act (PWFA) went into effect on June 23, 2023, and requires employers to provide reasonable ADA accommodations to a worker’s known limitations related to pregnancy, childbirth, or related medical conditions.
For instance, a pregnant employee may want to have their work area moved closer to a drinking fountain or bathroom, or may not be able to sit for long periods of time.
3. Accommodations for Pumping Breast Milk
Effective January 2023, the PUMP Act grants nursing employees the right to reasonable break time and a private place (other than a bathroom) that is shielded from view to express breast milk at work for one year after the child’s birth. Unless the employee is completely relieved from duties during this time, the break must be paid.
If the practice has fewer than 50 employees, compliance with the PUMP Act is not necessary if an undue hardship is demonstrated.
Always talk to your practice attorney if an employee requires ADA accommodations so they can help ensure that you comply with it.
It’s essential that your practice goes into 2025 knowing all of the possible employment lawsuits that employees could file. Let legal expert Bryan Meek, JD, walk you through them during his online training, Master New 2025 Employment Laws to Head Off Costly Lawsuits. Sign up today! |
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