The 25th anniversary of the signing of the ADA offers an opportune time to encourage businesses to educate the workforce about the ADA and disability employment issues. Informing employees, beyond simply posting an equal opportunity poster, can benefit businesses by creating a more knowledgeable and inclusive workforce, reducing the likelihood of discrimination through awareness, and improving productivity by recognizing value in providing reasonable accommodations. There are many ways to educate the workforce about the ADA and reasonable accommodation. Consider these strategies:
Train HR Professionals, Supervisors, and Managers
JAN cannot stress this enough. Train management staff on the ADA and accommodations – early and often. These key employees will have a significant impact on job performance success rates if properly informed, trained, and equipped with the information and tools necessary to comply with the ADA and engage in the interactive process. Here are some training tips that will benefit any management team:
- Inform staff about the basic principles of the ADA and reasonable accommodation. They must know the employer’s obligations under the ADA, general accommodation requirements, and how to avoid discrimination.
- Train staff how to recognize and respond to an accommodation request. A formal reasonable accommodation procedure will help management engage and implement accommodations in a way that is fair and consistent. When an employee indicates that a medical condition is causing a work-related problem, a supervisor or manager should treat it as an accommodation request until a definite determination is made.
- Limit the sharing of medical information. Employee medical information should be shared only with those who need to know. In many cases, medical information is provided to HR; supervisors and managers often do not need to know an employee’s specific medical impairment to implement accommodations. Details about the accommodation may be all that is needed.
- Don’t perpetuate or tolerate harassment. Expect management staff to communicate respectfully and interact positively with employees who have accommodations, as should be expected with all employees. Management should refrain from making negative or derogatory remarks in response to an accommodation request or questions from co-workers about accommodations.
Implement a Reasonable Accommodation Policy … and Tell Everyone About It!
There is no requirement under the ADA for employers to follow specific policies and procedures when trying to accommodate an applicant or employee with a disability. However, having a formal reasonable accommodation policy and procedures – and sharing them with everyone – is recommended. A formal process creates a standard of practice for HR professionals, managers, and supervisors to follow, which increases the likelihood that accommodation requests will be handled properly and consistently.
When formal policies and procedures are shared with all employees, this helps workers know about the ADA, how to request accommodations, and what to expect after doing so. Employers can use federal guidance on accommodation procedures as a model when drafting their own internal policies.
Make a Statement! … About Reasonable Accommodation
Another way to educate the workforce about the ADA and accommodations is to be sure the organization has a formal reasonable accommodation statement that is widely disseminated. A reasonable accommodation statement can be included as part of an equal opportunity (EO) statement that makes it clear the organization does not discriminate on the basis of disability or other legally prohibited bases.
Employers should consider including an EO/RA statement in job postings, employee handbooks, on websites and intranet sites, in online applications, and other sources of workplace policies distributed to applicants and employees. For sample statements and drafting tips, consult reputable workplace accommodation resources and guidance from government or nonprofit disability assistance organizations.
Incorporate ADA & Accommodation Practices Into the Onboarding Process
The purpose of onboarding is to smoothly integrate new employees into their positions and company culture. The onboarding process should include information about the ADA and reasonable accommodation so new hires know how to request an accommodation if they think they may need one.
If a new hire with a disability needs an accommodation, a manager or HR representative should explain the company's reasonable accommodation policy and the steps to request assistance. Clear communication at hire reduces fear that requesting an accommodation will adversely affect a job offer or employment status.
Additional practical examples and employer-focused materials are available from organizations that specialize in workplace accommodations, including the Job Accommodation Network.
Employers should also review related operational and safety guidance; for additional context see Runabouts Insurance and Safety Regulations (Insurance).
If you want help reviewing policies or coverage options, you can ask an agent for guidance.
Frequently Asked Questions
What should I include in a reasonable accommodation policy?
Include a clear request process, contact information for the accommodation coordinator, timelines for responses, and assurances about confidentiality and nonretaliation.
Who should be trained on ADA accommodation practices?
Train HR staff, supervisors, and managers who handle hiring, performance management, and workplace adjustments, since they are most likely to receive accommodation requests.
Can supervisors ask for medical details when an employee requests an accommodation?
Supervisors should limit requests for medical details and ask only for documentation necessary to determine the need for reasonable accommodation; HR typically handles medical verification.
How should confidentiality be handled?
Share medical information only with those who need to know to implement the accommodation and store medical records separately from personnel files.