How to Protect Disabled Employees Within Your Practice

Passed by Congress nearly three decades ago in 1990, the Americans with Disabilities Act (ADA) was designed to protect the rights of disabled workers, guaranteeing access to a work environment that accommodates their individual needs while remaining free from any form of discrimination.

Nearly one in five employed people are classified as disabled.

Sadly, discrimination against disabled individuals was prevalent throughout 2017, during which more than 26,000 ADA discrimination charges were filed with the Equal Employment Opportunity Commission (EEOC), awarding victims $135.2M in reparations.

The healthcare industry is the largest in the American economy, and while its workers are dedicated to promoting health among their patients, many find themselves exposed to a wider range of significant workplace hazards than found in any other sector, which can ultimately lead to long-term or permanent disability. For U.S.-based companies with 15 or more employees, compliance with the ADA is required to ensure disabled workers are treated fairly regardless of physical or mental ability. This includes all organizations throughout the healthcare industry, including, but not limited to, public and private hospitals, nursing and residential care facilities, offices of physicians, dentists, and other healthcare practitioners, and home health care services.

For smaller enterprises, the road to comprehensive HR compliance can be a complex undertaking. To help medical practices ensure their operations team is up to the task, we’ve created a quick guide that outlines the basics of ADA regulations, providing top-line information that makes it easier to assess the organization’s current state and establish policies that uphold employee rights.

Back to Basics

The fundamentals of compliance with the ADA are broken down into four distinctive requirements. First, the ADA makes it illegal to discriminate against any qualified individual with a disability throughout the private sector, as well as in state and local governments. Second, this law makes it illegal to retaliate against a worker for complaining about discrimination or participating in a related investigation or lawsuit. The ADA also requires that employers reasonably accommodate the known physical or mental limitations of an otherwise qualified individual who is an applicant or employee, unless doing so would impose an undue hardship on the operation of the employer’s business. Finally, the ADA outlaws discrimination against employees or applicants based on their relationship with a person who is disabled.

• Definition of Disability: According to the EEOC, assuming the applicant or employee is otherwise qualified to perform the essential duties of the job, a qualified disability is anything that falls under one of the below categories:
  • Physical or mental condition that substantially limits a major life activity (e.g., walking, talking, seeing, hearing, or learning)
  • A history of a disability (e.g., cancer in remission)
  • Any physical or mental impairment that is not transitory and minor
• Protected Disabilities: There is currently no master list of disabilities protected by the ADA for employers to reference when determining what is or isn’t covered. However, to make it easier for individuals to establish that they have a qualifying disability, the ADA Amendments Act (ADAAA) became effective January 2009, stating that the definition of disability should be interpreted in favor of broad coverage of individuals.
• Reasonable Accommodation: A reasonable accommodation is one that enables the employee to complete essential functions of the job and does not cause an undue hardship to the business. A reasonable accommodation request may be made in the application for employment process, during the interview process, or on the job.

Where to Learn More

For more detailed information regarding specific regulations outlined by the ADA, visit the sites listed below:

• EEOC ADA Information: https://www.eeoc.gov/laws/types/disability.cfm
• ADAAA Fact Sheet: http://www.eeoc.gov/laws/regulations/adaaa_fact_sheet.cfm
• Federal Register: https://www.federalregister.gov/articles/2011/03/25/2011-6056/regulations-to-implementthe-equal-employment-provisions-of-the-americans-withdisabilities-act-as

For more information on this topic, Curi members may listen to the August HR|Experts mini-webinar entitled “Compliance Hurdles With the ADA.”