NT Lakis lawyers are pleased to present an updated version of our ADA Reasonable Accommodation Compliance Checklist, which we last updated in 2008 after major changes were made to the ADA under the ADA Amendments Act (ADAAA). To further enhance the value of the Checklist, we have also prepared a new Flow Chart that summarizes the various Checklist steps in a user-friendly graphic format.

The Checklist and accompanying Flow Chart are designed to provide practical guidance on how the ADA reasonable accommodation process should be implemented when an accommodation may be required. They outline recommended steps to follow beginning with the initial analysis and determination of whether an accommodation might be needed through engaging in the so-called interactive process for identifying an appropriate accommodation, pointing out along the way the various pitfalls that may land companies in trouble with their employees or regulatory agencies and/or create litigation risks, and how to minimize these risks.

Although there haven’t been any significant substantive changes to the ADA since our last update after the ADAAA was passed in 2008, the U.S. Equal Employment Opportunity Commission (EEOC) published implementing regulations in 2010 that further explain employer obligations under the ADAAA. In addition, the number of ADA discrimination charges filed with the EEOC has increased since then by nearly 38%, and the agency itself has been aggressive in pursuing ADA discrimination claims, including failure-to-accommodate allegations. Thus, the Checklist and Flow Chart can serve as helpful guides to minimize potential liability.

Please note that our ADA Reasonable Accommodation Compliance Checklist is not intended to constitute legal advice. All questions concerning the applicability of ADA requirements to a particular situation should be referred to legal counsel.

Members of the Center for Workplace Compliance (CWC) can read more here.