The ADA Turns 25 Yet Disability Discrimination in the Workplace Persists

On July 20, 2015, President Obama celebrated the 25th anniversary of the Americans With Disabilities Act of 1990 (“ADA”) in Washington. The historic celebration marked a quarter century of increased statutory protection for disabled employees. Although the ADA has unquestionably reduced incidents of disability discrimination, and has increased employer awareness of their obligation to accommodate disabilities in the workplace, it is far from perfect and contains many complicated facets that are difficult for employers to comply with. Simply stated, disability discrimination in the workplace still occurs, and it is something employers need to watch out for via heightened awareness and training programs.

Roto Rooter to Pay $100,000 to Settle Disability Discrimination Charge

Just a week shy of the ADA’s 25th birthday, Roto Rooter settled a disability discrimination dispute after an investigation revealed that an Iraq War Veteran was denied the ability to return to his job with reasonable accommodation. The EEOC investigation found that it was unacceptable for a military service veteran to be denied reinstatement where it was clear that there were accommodations available that could allow him to resume his job duties.

In addition to paying $100,000 to settle the case, the EEOC has required Roto Rooter to complete vigorous training focused on the ADA, reasonable requests for accommodation, and the duty to report employee requests for reasonable accommodation. All of this could have been prevented had Roto Rooter conducted disability discrimination in the workplace training up front, rather than be forced to do so as a remedial measure.

Disability Discrimination in the Workplace Training Has Multiple Benefits

The ADA requires employers to provide reasonable accommodations to employees with qualifying disabilities. Many times managers or HR professionals dismiss requests for accommodation as unreasonable without thinking about them. Consider the situation where an employee returns from back surgery and requests an ergonomic chair that must be ordered from an office supply store. Although many managers dismiss such requests and attempt to remedy the situation with an existing piece of furniture, if the chair can be acquired at a reasonable cost, failing to meet the request (or coming to a consensus accommodation) can be disability discrimination.

Syntrio Is Committed to Helping Employers Comply with the ADA

Syntrio is committed to helping companies of all sizes commit to the utmost ethical standards in all aspects of conducting their business, and therefore provides cost-effective disability discrimination in the workplace courses that are cognizant of the value of time to modern companies.  Contact www.syntrio.com for more information about our HR compliance courses and remember to follow us on TwitterGoogle Plus and LinkedIn for daily updates on employment law and compliance issues that may impact your organization!

 

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