Do you have an employee who is covered under ADA but is challenged in completing work tasks?
An onsite assessment may assist you in identifying ways the employee can increase productivity and meet job expectations with recommendations by a Vocational Specialist. VocWorks/CareWorks USA can provide on-site job review with the employee and employer to provide recommendations so employers can determine reasonable accommodations.
A Master’s Level Vocational Rehabilitation Counselor completes each assessment taking into consideration:
- The needs of the employee;
- The specific disability; and,
- The essential functions of the position in question (as identified by the employer and the work environment).
Following completion of the assessment, a report will be provided to include:
- Reason For Referral/Accommodation Request;
- Barriers to Job Performance; and,
The ADA defines “disability” discrimination to include “not making reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability, unless such covered entity can demonstrate the accommodation would impose an undue hardship on the operation of the business.”
Although the definition of disability has not changed, the meaning of the terms included in the definition have. Disability is defined under the ADA as:
- A physical or mental impairment that substantially limits one or more of the major life activities of an individual.
- A record of such an impairment.
- Being regarded as having an impairment.
While the Americans with Disabilities Act Amendments Act (ADAAA) preserves the traditional language defining “disability” found in the ADA – a covered disability is one which “substantially limits one or more major life activities” – it has changed the meaning of these words to expand the number of employees who will be covered.
In doing so, the ADAAA removes requirements imposed by Supreme Court decisions that had the effect of reducing protections for certain people with disabilities. Employers should be certain their human resources departments are well-trained on the ADAAA and the broad standard that must now be used to determine if an individual is “qualified” under ADA.