New Tool Simplifies ADA Compliance for Employers with 15+ Employees

Applies to: All Employers with 15+ Employees
Effective: September 30, 2024

Discussion

The U.S. Department of Labor (DOL) recently announced availability of a new tool that provides access to more than 700 accommodation ideas for workers with disabilities. The Americans with Disabilities Act requires employers with 15 or more employees to provide reasonable accommodations for disabled applicants and employees, when requested, unless doing so would cause an undue hardship. Employers must engage employees in the interactive process to determine what reasonable accommodations may be provided to meet an employee’s needs, which sometimes leaves employers wondering what their accommodation options are.

The Job Accommodation Network (JAN) now has a Situations and Solutions Finder with examples of workplace accommodations coming from organizations large and small, across industries, and from both the private and public sectors. The tool allows users to filter and save results by disability, limitation and/or occupation. Because accommodations are made on a case-by-case basis, these examples may not be effective for every individual or workplace but offer ideas about the types of accommodations that may be possible. Although a federally based tool, it can also support employer compliance with similar disability protections under state and local laws.

Interestingly, a survey of JAN data from employers between 2019 and 2024 finds nearly half of reported accommodations for workers with disabilities can be made at no cost and that the median cost for those that require a one-time expense is $300.

Moreover, the benefits to employers of providing reasonable accommodations include retaining valuable employees, improving productivity and morale, reducing workers’ compensation and training costs, and improving company diversity. This new tool can help employers meet their compliance obligations and further their employee management goals.

Action Items

1. Review the Situations and Solutions Finder for accommodation support.
2. Review any decisions to decline a reasonable accommodation on the basis of undue hardship with legal counsel before taking action.

Ensure your business meets ADA compliance with confidence. OneDigital’s Compliance Team is here to help you navigate reasonable accommodation requests, minimize legal risks, and implement effective solutions.

Complying with leave of absence (LOA) requirements is a key part of providing proper accommodations for workers with disabilities. For comprehensive guidance on leave of absence management, check out the LOA Toolkit.