Issue link: https://www.e-digitaleditions.com/i/234597
The Beneļ¬ts Package ADA Confusion? 3 steps to make the ADA's interactive process go more smoothly. By Kevin Curry The Americans With Disabilities Act (ADA) has presented an ongoing administrative challenge for employers since it became law in 1990. The passage of the ADA, which afforded Americans living with disabilities strong protection from discrimination, created a new level of complexity and cost for employers. According to the National Bureau for Economic Research, since July 1992, employers have paid more than $174 million in EEOC settlements over ADA complaints, not counting administrative costs and legal fees. Confusion around how to administer the ADA seems destined to remain an issue, since it's partly because of the Act's wording. The ADA requires employers to engage in an "interactive process." Here's how it works: An employee has a physical or mental disability that is limiting the employee's ability to perform the essential functions of his or her position. The employer must engage in a discussion with the employee [66] HRO TODAY MAGAZINE | DECEMBER 2013 to find out if a reasonable workplace accommodation will enable the employee to perform those essential functions. Among the questions raised by employers: When are they required to begin a discussion about accommodation? How do you know if an employee is entitled to an accommodation? What if the accommodation violates company rules, or costs the company money? Unsure If They've Done Enough To Accommodate Reed Group teamed with Spring Consulting to study leading ADA administration issues. To learn more about how companies were handling these issues, 270 United Statesbased employers of all sizes were surveyed during the spring and summer of 2013. Most (84 percent) of the respondents have 1,000 or more employees, but the issues and findings identified in the survey are experienced by all employers, regardless of size.