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Quick Overview of Complying with Americans with Disabilities Act

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The ADA prohibits discrimination against qualified individuals with a disability.  It requires employers to make "reasonable accommodations" to assist those individuals.

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This material is confidential and proprietary to IntegTree LLC and may not be reproduced, published or disclosed to others without the express authorization of IntegTree LLC. IntegTree LLC is not a law firm and is not engaged in providing legal or other similar professional advice or services. In providing our services, IntegTree LLC attempts to provide its clients with “effective practices” in light of then-current laws and/or regulations. IntegTree’s services should not replace advice from your in-house or outside counsel or their opinions concerning company practices.

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Quick Overview of Complying with Americans with Disabilities Act

  1. 1. Copyright © IntegTree (2014) www.IntegTree.com Americans with Disabilities Act (ADA) Dr. Nitish Singh & Thomas J. Bussen (J.D./MBA) E-mail: ncsingh@integtree.com
  2. 2. Copyright © IntegTree (2014) www.IntegTree.com What is the ADA? • The ADA prohibits discrimination against qualified individuals with a disability. It requires employers to make "reasonable accommodations" to assist those individuals. • The failure to provide a reasonable accommodation is a type of disability discrimination • At the pre-offer stage, the ADA restricts employers from asking about: – The individual's medical history; – The existence, nature, or severity of any disabilities – Reasonable accommodations needed for the job
  3. 3. Copyright © IntegTree (2014) www.IntegTree.com Why Do You Care? • It is not always obvious what is a "reasonable accommodation“, and is often a very fact intensive decision • Make the wrong decision, and face serious liability • Employers have been required to restructure positions, modify or acquire equipment, provide training, modify work schedules and much more to comply with the ADA. • The best way to overcome claims is to show employees a commitment to their fair treatment.
  4. 4. Copyright © IntegTree (2014) www.IntegTree.com What Can You Do to Comply? • Have and implement policies that assure supervisors act in accordance with the law – This includes establishing acceptable and unacceptable pre-employment interview questions – Policies should be communicated throughout the organization and placed • Proactively work with qualified individuals to help them understand their rights, and provide internal reporting mechanisms for possible violations.
  5. 5. Copyright © IntegTree (2014) www.IntegTree.com About the Authors • Integtree President Dr. Nitish Singh Associate Professor at Saint Louis University’s John Cook School of Business, has been at the forefront of ethics and compliance management and developed a University Certification program used by business executives and lawyers worldwide. • IntegTree Vice President Thomas J. Bussen holds a J.D., MBA, and Ethics and Compliance Certification from Saint Louis University’s John Cook School of Business, where he is adjunct faculty. A former litigator at an AV rated law firm, Thomas knows first hand the unforeseen problems that arise with inadequate risk management.
  6. 6. Copyright © IntegTree (2014) www.IntegTree.com Additional Resources • Join The Ethics & Compliance Professors complementary subscribers list by clicking here. • IntegTree specializes in the worldwide localization of ethics and compliance programs, regulatory and ethical training, and psychometric testing to provide deep insights to improve existing compliance programs.
  7. 7. Copyright © IntegTree (2014) www.IntegTree.com Disclaimer: • This material is confidential and proprietary to IntegTree LLC and may not be reproduced, published or disclosed to others without the express authorization of IntegTree LLC. IntegTree LLC is not a law firm and is not engaged in providing legal or other similar professional advice or services. In providing our services, IntegTree LLC attempts to provide its clients with “effective practices” in light of then-current laws and/or regulations. IntegTree’s services should not replace advice from your in-house or outside counsel or their opinions concerning company practices.

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