As employees return to their workplaces, it’s more critical than ever for employers to ensure their policies are compliant with the Americans with Disabilities Act (ADA). Recently, the U.S. Equal Employment Opportunity Commission (EEOC) made an announcement that underscores the importance of reviewing company protocols related to employees returning from a medical leave of absence.
On October 4, the EEOC announced that the Public Service Company of New Mexico (PSCNM) and PNMR Services Co. agreed to a settlement costing them $750,000 for alleged violations of the ADA. Read more about this case here.
The settlement is a stark reminder of the legal ramifications of non-compliance with the ADA. Companies should take this opportunity to review and, where necessary, revise their return-to-work policies to ensure they align with the ADA’s requirements.
For ADA compliance, a company’s reasonable accommodation policies may include modifications or adjustments to a work environment or to the way a job is customarily done. In the case of an employee returning from a medical leave of absence, businesses might need to implement modified work schedules, work-from-home options, or offer assistive technology to aid the employee’s return to work.
Effective communication is of great importance during the return-to-work process, and ADA legislation requires employers to engage in an interactive process with the employee. This emphasizes the need for a productive dialogue between the employer and the employee to identify and implement appropriate accommodations. It’s also important to document this process to show compliance with legal obligations.
The ADA, a civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, applies to companies with 15 or more employees. Its reach, therefore, affects a large number of companies across the United States. It acts as a tool to ensure equal employment opportunities are accessible to all, irrespective of their physical or mental capabilities.
Employers must take the lead in ensuring their return-to-work procedures are ADA-compliant. The case involving PSCNM and PNMR Services Co. reinforces just how critical it is for companies to review their practices and make any necessary changes to avoid litigation and meet their legal responsibilities.