Americans with Disabilities Act
As a result of the recent amendments to the Americans with Disabilities Act (“ADA”), employers are confronting an increased number of requests for reasonable accommodation from employees who now qualify as disabled under the Act. In addition, employers are facing an increased number of employment claims alleging disability-related claims.
I regularly counsel employers on the “interactive process” required by the ADA – what it consists of, the employer’s obligations, the employee’s obligations and how and why to effectively document the process.
I also counsel employers on “reasonable accommodations” – what they are, what accommodations are not reasonable, and what an employer must show to establish an “undue burden.”
Equally important, but often overlooked, I routinely advise employers on the interaction between the ADA and other laws, such as the FMLA, to make sure that they are taking the big picture into account. Finally, I counsel smaller clients who are not covered by the ADA on the requirements of the applicable state law counterpart to the ADA, which applies to businesses with smaller numbers of employees.
I also defend employers in claims alleging disability discrimination and/or a failure to provide a reasonable accommodation. I have experience defending businesses on such claims at the EEOC, MCAD, CHRO and in state and federal court.
Please contact me if your business requires assistance with an ADA or reasonable accommodation issue.