Menu Contact
Tilford Dobbins & Schmidt, PLLC
For A Consultation
Practice Areas Menu

Best practices for complying with the ADA as an employer

You undoubtedly take great pride in running an inclusive and welcoming workplace. You not only want to stay compliant with the law but also want to ensure that your employees do not feel that they work in a toxic work environment or that you are unapproachable as an employer. In some cases, it may be necessary to make certain policies explicitly clear to avoid confusion.

One of your duties as an employer is to follow the Americans with Disabilities Act and provide reasonable accommodations to workers when necessary. Because revealing a disability or requesting accommodation may not always be easy for workers, you may want to take steps to help the process go as easily as possible.

Best practices for reasonable accommodation

In some cases, a person's disability may not be visually or immediately apparent. Even if it is, such as a worker using a wheelchair, it is important that you do not make any presumptions as an employer about the person's capabilities or needs. In efforts to make it clear that you follow the ADA, you may want to consider these best practices:

  • Provide your workers with contact information for staff members dedicated to handling accommodation requests.
  • Ensure that management staff take such requests seriously and handle them quickly and in the appropriate manner.
  • Explain why an accommodation was approved or denied so that the employee understands the decision.
  • Make sure that management staff keep all medical information regarding a person's accommodation request confidential.
  • Inform workers that you may need additional medical information before making a decision regarding an accommodation request.

Being upfront with this and other related information regarding how you and your company intend to follow the ADA could help your employees understand the process for requesting accommodations and how those requests are handled. It could also help avoid misunderstanding that could lead to complaints against your company if an employee believes that you violated the ADA.

What if you face complaints?

Of course, despite your best efforts, a complaint could come against you or your company. If so, you will want to approach the situation as effectively as possible. Having evidence that you enacted these or similar best practices could work in your favor when defending against such claims. Because this type of situation could quickly become a legal matter, it is wise to have an experienced employment law attorney on your side.

No Comments

Leave a comment
Comment Information

Call 502-584-1000 to speak to a lawyer today.

  1. Charles W. Dobbins, Jr.

    Charles earned his J.D. degree from the University of Virginia in 1974

    He was graduated from Washington & Lee University in 1970 with a B.A. with Distinction

    Read More

    Mark W. Dobbins

    Mark earned his B.A. from Emory University.

    He earned his J.D. from the University of Louisville.

    Read More

    Patrick T. Schmidt

    Patrick earned his B.S. in Accounting from the University of Kentucky in 1989.

    He earned his J.D. from the University of Kentucky in 1992.

    Read More

    Terrence L. McCoy

    Terry earned a B.A. from Dartmouth College in 1964.

    He earned his J.D. from Duke University in 1967.

    Read More

    Lisa Koch Bryant

    Ms. Bryant has extensive commercial litigation and bankruptcy experience. Prior to entering private practice, Ms. Bryant served as head of litigation for the Federal Land Bank of Louisville.

    Read More
  2. Wm. Stephen Reisz

    Thomas graduated from the University of Louisville Business School with a B.A. in 1973

    Thomas earned his J.D. degree from the

    Read More

    Sandra F. Keene

    Sandra earned her Bachelor of Health Science degree, with Honors, from the University of Louisville in 1982.

    She earned her J.D. degree from the

    Read More

    Elizabeth M. Jenkins

    Colgate University, B.A., Political Science, magna cum laude, 1983

    University of Virginia, J.D., 1992

    Read More

    Edward L. Galloway

    Ed graduated from Indiana University in 1967 with a degree in history.

    After obtaining a master’s degree in political science from the University of

    Read More

    Thomas G. Karageorge

    Thomas graduated from the University of Louisville Business School with a B.A. in 1973

    Thomas earned his J.D. degree from the

    Read More
  3. Tacasha E. Thomas

    Tacasha attended Harvard University in Cambridge, Massachusetts during the summer of 2001, where she studied courses in law and psychology.

    Read More

    Ayala Golding

    Ayala received her J.D. in 1994 from the University of Louisville, Louis D. Brandeis School of Law, Louisville, Kentucky, where she was a member of the Brandeis Family Law Journal, and

    Read More

    Kacie A. Wilkinson

    Kacie A. Wilkinson recently joined Tilford, Dobbins & Schmidt, PLLC, where she practices in the areas of business law & transactions, real estate, estate planning and probate.

    Read More

    Gwendolyn Chidester

    Gwen recently joined the Firm after being employed by notable Louisville companies for over 15 years in a variety of capacities including Corporate Counsel, Director of Human Resources, and Risk Manager.

    Read More

    William A. Buckaway, Jr.

    Bill earned his B.A. from Centre College in Kentucky in 1956.

    He earned his J.D. from the University of Louisville in 1961 where he was a

    Read More

    Terrell L. Black

    Terry earned a B.S. in Social Science from Campbellsville College in 1966.

    In 1969, he attended graduate school at Eastern Kentucky University focusing on

    Read More

    John A. Wilmes

    John was admitted to the Kentucky bar in 1977 and admitted to practice before the U.S. District Court, Western District of Kentucky in 1979.

    Read More

Contact Us

401 West Main Street, Suite 1400
Louisville, KY 40202

Phone: 502-513-0600
Phone: 502-584-1000
Fax: 502-584-2318
Louisville Law Office Map