ADA: Managing an Employee With a Disability - Supervisor Briefing
Author: Meryl Gutterman, formerly of Nukk-Freeman & Cerra, PC
Under the Americans with Disabilities Act (ADA), an employer has ongoing obligations with respect to managing an employee with a disability. As a general rule, employers may not take any action that negatively affects the employee's terms, conditions or privileges of employment (e.g., demotion, reassignment to a less desirable job, failure to promote or termination) if the decision is based on the disability. This includes treating an employee with a disability differently from employees without disabilities by applying workplace policies inequitably. Managing an employee with a disability may also involve providing a reasonable accommodation and understanding how to deal with the employee's performance issues.
This Supervisor Briefing examines the law and best practices concerning how a supervisor should manage an employee with a disability. It addresses the following topics:
- Understanding Who Is Covered by the ADA
- Drafting and Maintaining Accurate Job Descriptions
- Fielding Accommodation Requests
- Engaging in the Interactive Process
- Providing Reasonable Accommodation
- Making Disability-Related Inquiries/Conducting Medical Exams
- Managing Performance Issues
- Preventing Discrimination and Retaliation
- Documenting Interactions With Employees With Disabilities
- Keeping Medical Information Confidential
- Test Yourself
Please refer to ADA: An Overview - Supervisor Briefing for a more in-depth analysis on the law and best practices concerning how a supervisor should comply with the ADA as amended by the ADA Amendments Act of 2008.