You may have mastered the ADA regulations as they apply to your business, but what about your employees? Test your knowledge and see if you know what what has already taken effect:
A. Provide a guest room where he/she can relax while on a break.
B. Find another comparable job your employee is physically able to perform.
C. Provide paid leave until your employee is healed.
D. Alter the manner in which his/her day-to-day duties are performed.
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A. No, if a manager believes an employee is not capable of performing a function, he/her cannot be held accountable if the assumption was wrong.
B. Yes, but only if the employee is being discriminated against.
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A. How much time is spent on the task.
B. How important the task is to the overall position.
C. Who else is available to fulfill certain responsibilities of the job.
D. All of the above. |
A. Google “ADA regulations” and see what comes up.
B. Contract a lawyer for a comprehensive evaluation.
C. Don’t do anything until a problem arises.
D. Find answers and resources in the AH&LA members only section. Not a member? Click here to learn about benefits. |
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A. Yes.
B. Only in the last trimester.
C. Only if the position requires physical labor.
D. Only if there are complications with the pregnancy. |
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Scroll down for the answers. No cheating...
Employers should seek to keep the employee engaged in assisting business operations even when the employee may have a temporary disability. If the employee is unable to perform a duty even if the duties are altered, then an employer should find a vacant, comparable job the employee is physically able to perform. If no vacant position exists and the employee is physically unable to perform a job despite accommodations, then the employee can be offered leave. Once the employee’s condition is restored, they can be returned to their original job duties.
All of these factors should be taken into consideration. An employee with a disability may be able to fulfill the requirements of a job if some of the details are flexible. For example, if a job description states a task must be completed in 30 minutes, but could be done just as well in 45 minutes with no harm to the business, then this would be a reasonable accommodation.
Many employees are able to fulfill their job duties during pregnancy. Every employee and every pregnancy is different. Under the ADA-AA, a pregnancy can be considered a temporary disability under certain conditions; A doctor may order bed rest for a pregnant employee or limited duty. The employer is allowed to ask for a medical statement outlining what duties the employee is prohibited from performing.
An employer may assume that a current or potential employee has a disability when in fact they do not have this condition (or may have had the disability in the past), but this in itself does not mean a violation of the ADA has occurred. It is only if the employer acts upon the assumption that a violation occurs. If the employer decides not to hire someone because of their perceived condition, or they pass up an employee for a job promotion, this would be a violation.
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