ADA, EEOC, and FMLA Reasonable Accommodation for Employee Disability

Employee’s request for a reasonable accommodation falls under the ADA, FEHA, and FMLA. Employers must grant leave as a form of reasonable accommodation unless doing so would cause them undue hardship. Accommodations may include specialized equipment, modifications to the work environment or adjustments to work schedules or responsibilities.

By Douglas Wade, Attorney

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Table of Contents

1. The Intent and Evolution of the ADA

2. The EEOC’s Expanding Interpretation of the ADA

The Intent and Evolution of the ADA

With the admirable intention of ensuring that Americans with disabilities could work productively, the Americans with Disabilities Act (ADA) mandated that employers make reasonable accommodations for their employees’ disabilities, provided that these accommodations did not cause too much difficulty for the employer. The Americans with Disabilities Act (ADA) has grown from its humble beginnings to become a formidable anti-discrimination statute, despite its formidable administrative burden.

The EEOC’s Expanding Interpretation of the ADA

When it comes to interpreting and implementing the Americans with Disabilities Act (ADA), the Equal Employment Opportunity Commission (EEOC) has gone wide-ranging. Despite the ADA’s original intent of ensuring that people with disabilities have equal access to the workforce and the opportunity to advance in their chosen careers, the EEOC has interpreted the law in a way that makes it illegal for employers to refuse to provide paid leave to employees with disabilities, effectively turning it into a right “not to work” statute.

A reasonable accommodation is any change in the work environment or in the way a job is performed that enables a person with a disability to enjoy equal employment opportunities. There are three categories of “reasonable accommodations”:

changes to a job application process
changes to the work environment, or to the way a job is usually done
changes that enable an employee with a disability to enjoy equal benefits and privileges of employment (such as access to training).

Consulting An Attorney to Navigate ADA Compliance

The approach to avoid litigation and ensure compliance is to consult with an ADA defense attorney. Whether you need assistance navigating the EEOC’s unpaid leave requirements, developing appropriate accommodations for employees, investigating false disability claims, monitoring worker use of accommodations, or administering accommodation programs and disability leave fairly, an ADA defense attorney from Nakase Wade can help. When it comes to services for employers, Nakase Wade offers:

Advice to businesses on how to navigate the FMLA and ADA
Creating and executing workplace accommodations that are fair for individuals with disabilities
Following all applicable state and local leave policies, such as those related to paid family leave and domestic violence victims’ rights, which may intersect with ADA provisions
Looking into allegations of employee abuse of accommodations and taking disciplinary action
Examining allegations of employee leave abuse and taking disciplinary action
Advising businesses on medical and personal leave reinstatement
Advising businesses about matters that may arise during leave, suggestions for alternative staffing, and the prospect of dismissing workers who fail to return from their leave

Ensure compliance without delay by contacting an ADA defense attorney at Nakase Wade now.

EEOC’s Guidance on Leave Beyond FMLA Requirements

FMLA leave requires reasonable accommodations, including offering intermittent time off, finding other avenues to allow employees to work from home if the leave causes an undue hardship, and finding a comparable position for the employee to return to work. In addition to the duties already required by the ADA, the EEOC’s interpretation of the law has added new obstacles for businesses to overcome. Things are already tough for businesses that must comply with the Family and Medical Leave Act (FMLA). Employers within a 75-mile radius of fifty or more workers are required by the FMLA to offer twelve weeks of unpaid absence to workers who require medical treatment for a serious illness.

According to the EEOC’s reading of the ADA, employers no longer have the legal ability to fire an employee once their FMLA leave has ended. Unless the employer provides a further time of unpaid leave to determine if the employee can return to work, the EEOC says that any business that fires a worker at the end of the twelve-week FMLA period violates the ADA. There is uncertainty among employers over the amount of extended leave that is required once FMLA leave ends because the EEOC hasn’t issued guidelines on the matter.

Even though the ADA does not mandate leave time, it has expanded the amount of unpaid leave and requires even small employers who are not subject to the FMLA to grant it, effectively eliminating the rights of employers under the FMLA. The ADA, which began as a “right to work” statute, has turned into a statute that gives unspecified amounts of leave that isn’t paid.

In addition to expanding the ADA’s reach, Congress has revised and broadened the definition of a person with a handicap under the law. Having a condition that significantly hinders a significant activity in life or an important physical function is what defines an individual as “disabled.” This includes impairments in any of the primary bodily systems, such as the respiratory system, immune system, circulatory system, etc.

The end effect is a legal quagmire since the EEOC has provided very ambiguous instructions which companies must navigate. If you prefer not to take matters into your own hands, a Nakase Wade ADA defense attorney can assist you in becoming compliant and, if necessary, present a defense.

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