Axis HR Solutions LLC’s Post

We celebrate #DisabilityPrideMonth in July to commemorate the anniversary of the day Americans with Disabilities Act was signed into law: July 26th, 1990. Many people like to point to the ADA as the be-all and end-all law for all things disability. But it's not a perfect law, and it's incomplete in a lot of ways! I could talk about that all day, but one thing that's especially relevant for HR teams to know is that the ADA was passed before the Family and Medical Leave Act (FMLA), and wasn't amended afterwards. That means that leaves of absence are not listed anywhere in the ADA law as a formal or reasonable accommodation – even though that's one of the first things people think of when it comes to disability inclusion at work! Leaves of absence are key for employee health in so many ways – beyond parental leave, FMLA can cover medical leave for surgeries and procedures, and even intermittent leave for regular doctor appointments or flare-ups of chronic conditions. A lot of the work of HR lies in nuance, knowing the ways various laws intersect and interact with each other. Most people I've met don't realize that the FMLA is absent from the ADA – but it is! So take care with how you share information, and remember to check your sources. Overall, the best thing to remember is to treat people as humans first. -------------------- 💡Like what you read? I’m a People Operations leader, builder, and community connector, and I love sharing my thoughts and experiences on making work more human for everyone! Follow me, Lia Seth, PHR, for more on culture and accessibility.

How do this continue to happen? As a reminder, companies should never make assumptions regarding an employee's ability to perform their job duties based on their disability. You must engage in dialogue with the employee to determine if they can perform the essential functions of the role with or without an accommodation.

🔍 Latest Acas Guidance on Reasonable Workplace Adjustments for Disabilities 🔍 Acas has recently updated its advice on making reasonable adjustments in the workplace for employees with disabilities. These adjustments are crucial in helping to remove or reduce any disadvantages related to someone's disability. A survey by The Disability Business Forum revealed that 49% of disabled people said workplace adjustments are key to helping them stay in their job. This underscores the importance of getting it right. Ensuring these adjustments are made not only fosters a more inclusive work environment but also helps retain valuable talent, and helps keep you protected from an employment law standpoint. Stay informed and take advantage of these resources to create a workplace where everyone can thrive. https://rb.gy/k05z19 CG #HR #DisabilityInclusion #WorkplaceAdjustments #EmployeeSupport #Acas #UKEmploymentLaw #WeAreCG

Often, we overlook the importance of regularly reevaluating internal processes that help maintain compliance with crucial regulations, such as the federal Americans with Disabilities Act (ADA) and the New Jersey Law Against Discrimination (NJLAD). So, what exactly is the interactive process? In straightforward terms, it’s a collaborative communication between employer and employee to determine how the employee can effectively perform their job when faced with a disability that presents challenges. This process ensures that both parties work together to identify accommodations supporting employees' workplace success. The EEOC describes the allegedly offending policy as a “voluntary resignation” policy that allows the employer to consider employees to have voluntarily resigned if they do not return to work at the end of their approved FMLA leave and to “automatically” deny requests for leave extension beyond the FMLA-provided 12-week period as reasonable accommodations under the ADA. #FMLA #ADA #HR

Under the Americans with Disabilities Act, employees have the right to request a reasonable accommodation in their workplace. But what can they do if their employer denies their request? https://ow.ly/hqJv50R3eo0 #BarrettFarahany #EmploymentLaw #EmployeeRights #EmploymentLawFirm #ADA #ReasonableAccommodation #DeniedRequest #EmployeesWithDisabilities #DisabilitiesInTheWorkplace

Both U.S. and Minnesota law require employers with more than fifteen employees to provide reasonable accommodations to disabled workers, but the federal Americans with Disabilities Act (ADA) and the Minnesota Human Rights Act (MHRA) provisions aren’t identical, and the differences can be important. #Accommodations #WorkplaceProtections #EmploymentLaw

From Ogletree Deakins: It is well settled that when requesting reasonable accommodation under the Americans with Disabilities Act (ADA), employees are not required to use the words “ADA,” “reasonable accommodation,” “disability,” or any other special words—nor are they required to make the request in any specific manner (e.g., oral or written). ... Thus, #employers may not always recognize when an employee is making a request for reasonable accommodation, triggering their obligations under the ADA’s interactive process. #ada #reasonableaccommodation #disabilitydiscrimination

Findings from a recent report funded by a grant from the U.S. Department of Labor’s Office of Disability Employment Policy: Finding #1: Employers want to provide accommodations so they can retain valued and qualified employees.  Finding #2: Most employers report no cost or low cost for accommodating employees with disabilities.  Finding #3: Employers report accommodations are effective.  Finding #4: Employers experience multiple direct and indirect benefits after making accommodations.  #InclusiveHiring #DevelopmentalDisabilities #Disabilities #NationalDisabilityEmploymentAwarenessMonth #NDEAM

#Article The Americans with Disabilities Act- A Roadmap for Employers   Americans with Disabilities Act (ADA) requires an employer to provide reasonable accommodation to qualified employees or applicants with disabilities, unless doing so would cause undue hardship.   Read the article to know more about what all is covered in it and other important questions pertaining to the topic.    https://bit.ly/47YOKtN Anu Shah . . . . . . . . . #ChughLLP #ChughTeam #AmericanswithDisabilities #Disabilities #Employers #Attorneys

In a recent tribunal ruling (Rentokil Initial UK Ltd V Mr M Miller: [2024] EAT 37) that dismissed Rentokil’s appeal, significant insights were gleaned regarding the rights of employees with disabilities. The case, which centered on the dismissal of an employee with a disability, provided an examination of the duty of employers to make reasonable adjustments to accommodate the needs of their workforce adequately. The tribunal’s analysis focused on the core principle that underpins disability issues and the employer’s duty to make reasonable adjustments. This duty requires employers to take proactive measures to accommodate the needs of employees with disabilities, ensuring they are not disadvantaged by any provision, criterion, or practice (PCP) in the workplace. Per the judgment, these adjustments must be tailored to the individual circumstances of each case, reflecting the unique challenges and requirements of employees with disabilities. https://lnkd.in/eCJWNch2