In the high-stakes world of trucking, the looming threat of serious accident litigation is a constant reality for many companies. When such situations arise, it’s crucial for owners and executives to understand that the future of their company may be at stake. This was a key takeaway from the recent address by Rob Moseley, a
Disability Law Compliance: Protect Your Business from Disability Claims with Preparation
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Disability laws can be difficult to navigate and employers should follow some basic steps in order to ensure they are ready to properly handle any disability issues which may arise with applicants or employees.
- Determine Which Laws Apply – As a preliminary step, you should assess which laws apply to you. The application of the Illinois Human Rights Act (IHRA), the Missouri Human Rights Act (MHRA) and the Americans with Disabilities Act (ADA) depends upon the number of employees. If an employer meets the minimum threshold of employees, that statutory provision will apply.
- Prepare for the Interactive Process – Under both state and federal laws employers must provide accommodations to qualified individuals, both applicants and employees. A qualified individual is someone who can perform their essential job functions with or without a reasonable accommodation. In order to perform this evaluation, employers are advised to:
- Create and maintain detailed job descriptions which specifically outline the “essential” or most important job duties and/or job tasks which the given position must be able to perform.
- Adopt an anti-discrimination policy related to all protected classes, including disabilities.
- Adopt a legally compliant accommodation policy and distribute to all employees and applicants. As an attachment to the policy, provide a succinct form which allows employees or applicants to request an accommodation if they believe that they need one. Employers should ensure that any such form is prepared by a legal professional and is compliant with legal limitations as to what can be asked.
- Train employees about the company policy as well as how to request an accommodation. Training should specifically detail who should receive the request and what will happen after the request is submitted.
- Engage and Document the Interactive Process
The interactive process is an informal and productive process designed to help the employee or applicant and employer determine the scope of acceptable accommodations available (if any). These conversations should be well documented and demonstrate that the employer has fully evaluated the available options and that the evidence gathered supports the ultimate decision. Judges and jurors want to see that an employer took steps to sincerely evaluate options to either adopt those options or rule them out. The more thorough the documentation of the interactive process, the more likely a judge or jury will believe that the employer had good intentions and followed the law.
Please note that this article is a general summary and does not attempt to cover your specific situation or detail the obligations you have under state or federal law. Natalie Higgins is a labor and employment lawyer based in St. Louis, Missouri. She represents employers in all facets of litigation as well as providing consulting and training services to employers who want to proactively manage their employee litigation risks. Questions about your business to improve its discipline policy? Contact Natalie at natalie@hugheslawyersllc.com.
