How to Prevent Disability Discrimination Claims
- Step 1: Comply With All Laws Addressing Individuals With Disabilities
- Step 2: Know When and What Questions to Ask
- Pre-Offer Inquiries
- Post-Offer Inquiries and Testing
- Step 3: Implement a Discrimination and Harassment Policy
- Step 4: Have a Separate ADA Policy
- Step 5: Train Managers and Supervisors
- Step 5: Review Policies With All Employees
- Step 6: Be Proactive
- Step 7: Engage in the Interactive Process in Good Faith
- Step 8: Respond to Complaints and Investigate Thoroughly
- Additional Resources
Author: Alva L. Cross, Fisher & Phillips LLP
Under both state and federal antidiscrimation laws, an employer cannot discriminate against a qualified individual with a disability with regard to any term, condition, or privilege of employment. Additionally, employers must provide individuals with disabilities with reasonable accommodations in order to allow them to perform the essential functions of their jobs.
With the amendments to the Americans with Disabilities Act (ADA) that went into effect in January 2009, more individuals than ever are considered to be individuals with disabilities who require accommodations. In order to prevent disability discrimination claims, an employer should follow these steps.