by Samantha ChanThe Americans With Disabilities Act Requires Employers to Offer Reasonable Accommodations to Employees with Disabilities
The Americans With Disabilities Act (ADA) and Maryland law require employers to provide reasonable accommodations to qualified employees with disabilities, unless doing so would cause undue hardship to the employer. Navigating requests from employees with disabilities for reasonable accommodations can be complex, but it is a critical responsibility for employers in Maryland. Here’s some of the things that employers need to be aware of to comply with the law and to foster an inclusive workplace.
What Are Reasonable Accommodations?
Reasonable accommodations are adjustments or modifications that enable an employee with a disability to perform the essential functions of his or her job. The required accommodation will be specific to each situation, but some illustrative examples are:
• Providing assistive technology or adaptive equipment;
• Adjusting work schedules to allow for medical appointments;
• Modifying workplace policies or practices; or
• Making physical changes to the workspace, such as installing ramps or ergonomic desks.
When Is an Accommodation “Reasonable”?
Accommodations are considered reasonable if they effectively address the employee’s needs without imposing significant difficulty or expense on the employer. Factors such as the size of the company, the nature of the request, and the cost of implementation are key considerations.
Employer Responsibilities Under the ADA
1. Engage in an Interactive Process: Employers are legally required to engage in a good-faith dialogue with the employee to understand their limitations and determine an appropriate solution.
2. Maintain Confidentiality: All medical information related to the request must remain confidential.
3. Avoid Retaliation: Employers cannot retaliate against employees for requesting accommodations.
Common Mistakes to Avoid
• Delaying the Process: Timely responses to requests are essential. Unreasonable delays can lead to liability.
• Rejecting a Request Without Consideration: Employers must assess all requests thoroughly before deciding if an accommodation is unreasonable.
• Failing to Document the Process: Keeping detailed records of discussions and decisions can protect against claims of noncompliance.
Get Professional Guidance
Navigating accommodation requests can be tricky, especially when determining whether an adjustment constitutes an undue hardship and because there is no one-size-fits-all policy. An attorney can help an employer understand its obligations, minimize legal risks, and ensure compliance with federal and Maryland-specific laws.
If you’re dealing with an accommodation request or need assistance crafting policies to comply with the ADA, contact Lewicky, O’Connor, Hunt & Meiser at (410) 489-1996 or [email protected] today.
