Seattle, WA: 206-521-5676 Olympia, WA: 360-236-8748 Portland/Salem, OR: 503-768-9742 Info@SolutionsNW.com
What to Know About ADA Lawsuits From Workers

What to Know About ADA Lawsuits From Workers

What to Know About ADA Lawsuits From Workers

Did you know that in 2019 over 11,000 ADA lawsuits were filed? These lawsuits range from lawsuits filed by individuals with disabilities who have visited your establishment to employees with disabilities filing a lawsuit against their employers.

If you are an employer facing an ADA lawsuit or want to avoid one, keep reading.

The Americans with Disabilities Act (ADA) for Employers

The Americans with Disabilities Act (ADA) requires that employers provide reasonable accommodations to employees with disabilities. ADA also states that as an employer, you cannot discriminate against individuals with disabilities.

When hiring and working with employees, it is essential to understand ADA and your responsibility as an employer. Understanding your responsibility will help you as an employer make sure that your ADA compliance is on point.

Americans with Disabilities Act (ADA) Lawsuit Litigation

If you are facing an ADA lawsuit as an employer, it may affect the reputation of your business or brand. When you get the notice that you are being sued, there are a few things that you should do.

Contact Vocational Consultants for Assessments on Worker Compensation Seattle WashingtonThe First Step is to Prevent ADA Lawsuits – Hire Experts

As an employer, it is always important to know what is required of you to be considered an ADA compliant workplace. By understanding your responsibility, you can ultimately prevent an ADA lawsuit. As an employer, you will have a lot of work on your plate, that is why most employers will hire ADA Accommodation experts to guide them into ADA compliance.

ADA lawsuit? Consult Your Lawyer

If you are already facing an ADA lawsuit, consult your lawyer or hire one. A lawyer will have access to ADA Accommodation experts. A team of experts can help walk you through the process of ADA litigation.

Read on to learn more about the process of handling an ADA Lawsuit from workers.

Understand What is Happening

When you are facing an ADA lawsuit, your employee needs to prove that you discriminated against them.

When going to court, your employee will need to prove that they do, in fact, have a disability. They will also need to prove that because of their disability, they did not get full and equal treatment.

Documentation

As an employer, it is wise to keep documentation of any accommodations that your employee asked for to perform their job. You also want to document how you responded and why.

If your employee is claiming that you did not provide them the reasonable accommodations that they needed to perform their job, and therefore they were fired, you will want documentation. This documentation should include any accommodations requested.

It should also include any documentation on what was provided and the reasons for the denial if they were denied an “undue hardship,” why they were considered a hardship.

If you did not hire an applicant with a disability in the hiring process, you would want to show that there was a more qualified candidate. Keeping impeccable records will help you be able to address any issues that may come up.

Settling Out of Court

Legal battles can become expensive very quickly. Often negotiation or mediation is going to be the better choice on how to settle these matters.

Sometimes things come down to misunderstandings. Sitting down and talking about what happened can often clear up the misunderstanding.

As long as things can get settled so that no one gets deprived of their legal results, settling a case this way can be less expensive, quieter, and faster.

Stay Proactive to Better Navigate and Prevent ADA Lawsuits

As an employer, it is always important to know what is required of you by ADA to be considered ADA Compliant. By understanding your responsibility and consulting with an ADA Accommodations Expert, you can ultimately prevent an ADA lawsuit.

Do you want to understand more about ADA in the workplace? Work with our ADA Accommodations experts at Solutions Northwest Inc. to make sure you stay ADA compliant. An ADA Accommodations specialist is the best person for the job when it comes to accommodating employees and keeping a business compliant with ADA regulations.

At Solutions Northwest Inc., we can help you find ADA Accommodations experts, a vocational expert or give you general consulting. Our vocational experts are involved in personal injury, workers’ compensation, and family law.

If you need our guidance, our legal experts are ready to guide you through the process.

Contact us today to make an appointment.

Subscribe to our blog for more work related tips from Solutions Northwest, Inc., experts available in: Seattle, WA, Tacoma, WA, Olympia, WA, Vancouver, WA, Kent, WA Renton, WA, Beaverton, WA.

 

Contact the Vocational Consultants at Solutions Northwest Inc. Below:

Multiple Locations

Corporate Office: 120 State Ave. NE #397
Olympia, WA 98501
Business Hours: 8am-5pm M-F
Corporate FAX: 360-866-4773
Email: Info@solutionsnw.com

Seattle, WA

206-521-5676

San Diego, CA

877-976-9462

Portland/Salem, OR

503-768-9742

Olympia, WA

360-236-8748

Contact our Vocational Consultants

Complying with ADA in the Workplace

Complying with ADA in the Workplace

Complying with ADA in the Workplace

Complying with ADA in the Workplace

Did you know that 26% of adults in the United States live with some type of disability? That is about one in every four people you meet.

Of course, it is only fair to treat individuals with disabilities as equals. Still, not all employers realize the importance of recognizing disabilities among their employees.

Thanks to the Americans with Disabilities Act, failing to properly accommodate for disabilities can actually be illegal. So, how can your workplace follow the law and do the right thing?

Read on to learn tips from our ADA Experts on complying with ADA in the workplace.

Don’t Use a One-Size-Fits-All Approach

You should remove bias about disabled employees through all vocational processes, including hiring, promoting, and firing. Even so, employees with disabilities often require special accommodations.

Part of understanding ADA accommodations is understanding that everyone is different. Treating everyone the same isn’t always the same as providing equal access and opportunity.

It’s also important to note that you shouldn’t treat individuals the same because they have the same disability. Not only are individual differences still present, but many disabilities exist along a spectrum.

Don’t Make Assumptions

When it comes to ADA accommodations and compliance, your workplace should also be careful about making assumptions about anyone’s disability. You should never assume that someone does or doesn’t have a disability until you are told.

Contact Vocational Consultants for Assessments on Worker Compensation Seattle Washington

You mustn’t disregard an employee’s disability as less impactful than they say it is unless you obtain legal proof.

Many employee disabilities can’t be seen with the naked eye, including mental disabilities. These are also covered under the Americans with Disabilities Act (ADA).

Make Your Workplace Accessible for Employees with Disabilities

Making reasonable accommodations is also required under the ADA.

According to the EEOC, a reasonable ADA accommodation is:

“Any change or adjustment to a job or work environment that permits a qualified applicant or employee with a disability to participate in the job application process, to perform the essential functions of a job, or to enjoy benefits and privileges of employment equal to those enjoyed by employees without disabilities.”

ADA accommodations may include physical and digital adjustments.

Well-known physical changes include adding ramps and widening restroom entrances. This makes your building wheelchair accessible.

Doing your part also includes adapting the digital systems your workers use. This might include:

  • Using screen readers or screen magnification for the visually impaired
  • Including subtitles for the deaf
  • Supplying a special mouse for tremors
Create a Process for ADA Accommodations and Document Everything

The best way to be ADA compliant is to create a process for hearing, acting on, and documenting all disability accommodation requests. This is often done through the Human Resources department of a business.

Documentation is critical should an employee claim that your company failed to meet ADA guidelines.

Ensure Your Workplace is ADA Compliant with an ADA Accommodations Consultant

Becoming ADA compliant isn’t just the law; it’s the right thing to do.

Make sure your workplace is ADA compliant by making accommodations and reading up on government guidelines. Remember never to make assumptions or assume a solution works best for everyone.

To ensure you’re ADA compliant, consider consulting with an ADA accommodations specialist. An ADA accommodations specialist will help you through difficult situations with employees and it is the best way to make sure everyone stays happy and safe and that all employees with disabilities are accommodated.

Contact us at Solutions Northwest Inc. andwe can help you find an ADA accommodations specialist or give you general consulting

Contact us today to make an appointment.

Subscribe to our blog for more work related tips from Solutions Northwest, Inc., experts available in: Seattle, WA, Tacoma, WA, Olympia, WA, Vancouver, WA, Kent, WA Renton, WA, Beaverton, WA.

Contact the Vocational Consultants at Solutions Northwest Inc. Below:

Multiple Locations

Corporate Office: 120 State Ave. NE #397
Olympia, WA 98501
Business Hours: 8am-5pm M-F
Corporate FAX: 360-866-4773
Email: Info@solutionsnw.com

Seattle, WA

206-521-5676

San Diego, CA

877-976-9462

Portland/Salem, OR

503-768-9742

Olympia, WA

360-236-8748

Contact our Vocational Consultants

Know The Basics of the American Disabilities Act For Your Employees

Know The Basics of the American Disabilities Act For Your Employees

Know The Basics of the American Disabilities Act For Your Employees

As an employer, you take pride in the quality of your business. So much of that your business is carried out by passionate employees.

Imagine, then, if your employees don’t feel safe or able to do their jobs to the best of their ability. This reflects poorly on your entire business, the business into which you’ve poured so much.

That’s where the Americans with Disabilities Act (ADA) comes in.

The American Disabilities Act need not be difficult to understand and implement. It is an essential measure by the American government to protect those with disabilities.

Through this blog post, our ADA Accommodation Experts hope to shed light on what exactly the ADA is, who it protects, who must do the protecting, and how these protections are meant to be carried out.

What Is the American Disabilities Act?Contact Vocational Consultants for Assessments on Worker Compensation Seattle Washington

The American Disabilities Act, or ADA, is a civil rights law.

There are multiple parts of this law, but to cover the ADA basics, we will focus on Title I.

Since going into effect in 1992, Title I of the American Disabilities Act has been about protecting employees from discrimination.

The purpose of this bill is to make sure that American citizens that have disabilities have equal protection at work and equal access to work.

But how does ADA process really work?

Who Is Protected by the ADA?

When discussing what American with Disabilities Act covers, we first have to identify who is being protected by these measures.

American employees who suffer from a disability are protected under the ADA.

Title I primarily protects employees. In this case, anyone who is employed with a job can count as an employee.

More than that, it protects employees who have a disability, mental or physical, that hinders their abilities.

In 2008, an amendment to the Americans with Disabilities Act updated the definition of “disability” to broaden what exactly the impairment could hinder.

This sounds broad, but in the eyes of the law, these distinctions are key.

Who Does the Protecting?

Since Title I protects employees, it places responsibility for these protections on employers.

This includes small businesses. Any company with fifteen or more employees must comply with the ADA.

This means that these employers must provide reasonable ADA accommodations for employees with disabilities.

As an employer, it can be difficult to know for sure if you are following the law. But, there are outside resources and companies that will ensure you are fully compliant.

What is a Reasonable ADA Accommodation?

Small changes to the daily working environment, which must be made for those with disabilities, are considered “reasonable ADA accommodations.”

These can refer to the height or size of desks, access to ramps or elevators, and more.

Employers are not required to modify entire job requirements, but they are expected to make attempts to accommodate their employees’ abilities.

Educate Yourself and Invest in Creating A Safer Work Environment

The American with Disabilities Act does not need to be hard to understand. Nor does it need to feel like a heavy burden on businesses. Once the basics of ADA are understood, employers can better understand the protections their employees require.

Employers, you don’t have to do this alone, there are services that can help make sure your businesses are fully compliant.

Reach out to an ADA Accommodations expert and ensure the safety of your employees. Having an ADA Accommodations expert help you through difficult situations with employees is the best way to make sure everyone stays happy and safe and that all employees with disabilities are accommodated.

Are you interested in learning more about ADA Accommodations experts or other helpful solutions for your business? Contact Solutions Northwest Inc. and we can work together to help your business thrive.

At Solutions Northwest Inc., we can help you find an ADA Accommodations expert or give you general vocational consulting. Our vocational experts are involved in personal injury, workers’ compensation, ADA accommodations, and family law.

Contact us today to make an appointment.

Subscribe to our blog for more work related tips from Solutions Northwest, Inc., experts available in: Seattle, WA, Tacoma, WA, Olympia, WA, Vancouver, WA, Kent, WA Renton, WA, Beaverton, WA.

Contact the Vocational Consultants at Solutions Northwest Inc. Below:

Multiple Locations

Corporate Office: 120 State Ave. NE #397
Olympia, WA 98501
Business Hours: 8am-5pm M-F
Corporate FAX: 360-866-4773
Email: Info@solutionsnw.com

Seattle, WA

206-521-5676

San Diego, CA

877-976-9462

Portland/Salem, OR

503-768-9742

Olympia, WA

360-236-8748

Contact our Vocational Consultants

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