Adopting the Spirit of the ADA

There was a time in America when people with disabilities did not have the same rights and opportunities as everyone else in relation to employment. Employers did not have experience supporting potential or existing employees with ongoing or new disabilities, which created barriers in the workplace. To try and help address these barriers, the Americans with Disabilities Act, or ADA, was enacted on July 26, 1990, to prohibit discriminatory denial of services or benefits to individuals with disabilities. It requires employers to provide equal opportunities and access to employees with a disability. And it starts with a conversation between the employer and the employee. It starts with the interactive process.

The ADA interactive process can be informal. In fact, if the disability is obvious and the requested accommodation is simple to implement, it's best practice for employers to go ahead and provide the accommodation. This helps get the employee back to work and reduces the amount of leave that may be needed. A more formal process can be used if the limitations and restrictions are a little more complicated and require a more formal review of the employee’s job description and essential job functions.

The formal ADA accommodation process does not have to be cumbersome or complex, but exploring all possible ways to help an employee stay engaged and successful should be the focus. Employers are encouraged to have open and frank conversations with their employees regarding their experienced barriers and the things that they believe would be beneficial as an accommodation. Employers should listen to their employees from a place of empathy. The interactive process should be collaborative and open to exploration.

At The Standard, we believe in doing the right thing — not just for our clients but for the communities we serve. For example, our ADA Accommodation Services strive to embody the spirit of the ADA — not just the letter of the law — and we:

• Support both employees experiencing barriers in the workplace and employers who have opportunities to help by identifying and implementing effective accommodations
• Enable our customer groups to offer innovative alternatives to traditional accommodations
• Encourage employers to recognize the benefits of supporting existing employees by providing accommodations that help them return to work sooner and remain active participants in the workforce
• Guide employees through the interactive process, offering them support during times of ill health and uncertainty, and help encourage them to see the possibilities that exist for returning to work in alternative capacities

The spirit of the ADA is one of inclusion, nondiscrimination and of providing individuals with disabilities with the same opportunities to participate in the workforce. It calls for employers to listen to the needs of their employees with disabilities with empathy and understanding. Employers should be supportive and innovative when considering the possibilities within the workplace, recognizing that there can be multiple ways for employees to complete essential job functions while meeting organizational goals and targets.

By remembering the spirit of the ADA, employers can help individuals with disabilities become abled participants of the workforce.