Many employers are caught unaware that they are required to comply with American Disabilities Act (ADA) if they have more than 15+ employees. In Wisconsin, the Wisconsin Fair Employment Law covers ALL employers (no employee size limits) unless the accommodations create an undue hardship. Once an employer is aware of this requirement, they often ask us to put that process into plain English. Here’s how it works:
An employee raises a concern. An employee tells you they are having trouble doing their job because of a medical (mental or physical) condition. Please keep in mind, they don’t have to use the words ADA or accommodations. It could be as simple as “I’m struggling with this schedule because of my condition.”
Next, you start a conversation. This is a two-way discussion, not a decision you make alone. You talk with the employee about:
- What parts of the job are hard right now?
- What’s getting in the way?
- What might help them do the job successfully?
Be sure to listen, ask practical questions, don’t diagnose what you think the issue is, stay open-minded, and take notes.
Focus on the job, not the diagnosis. You don’t need medical details. As a matter of fact, per GINA, you don’t want them! What matters is:
- What does the job require?
- What task or condition is causing difficulty?
- Would a change help?
Keep the discussion work-focused, not personal. And take notes which include the date, a summary of the discussion, and who was present. On your own, explore if it is a disability under the ADA using https://askjan.org/ (Job Accommodation Network). Review possible accommodations. An employer should request a note from the employee’s health care provider about which accommodations they suggest.
Then, explore reasonable changes with the employee. You and the employee brainstorm possible solutions, such as:
- Adjusting hours or schedules
- Modifying how a task is done
- Temporary flexibility while they recover
- Using tools, equipment, or support
Document the options. Independent of the employee, explore if any of the options would cause an undue hardship for your business. Outline what you considered and what will work and not work. Document your findings. Not every accommodation request has to be granted.
Then, meet with the employee again and share what accommodations you’d like to explore with them to meet the essential parts of their job description while avoiding causing hardships to the business. When putting the solution in place be sure to:
- Try it – set out what you’ll try and for how long. You should revisit the accommodation after a month. Accommodations are not meant to be in place for long periods of time.
- Set expectations. How will you determine if it is working for the employee and the business? Outline what you and the employee think the accommodation will accomplish.
- Let the employee know it can be revisited if needed. And do so. Set up check-in meetings to check in on how it’s working for the employee and the business. It’s meant to be an ongoing discussion.
- Document along the way.
Could you use some assistance in navigating these kinds of conversations? We can help with that! We offer comprehensive fractional HR services. Reach out to us at Milestones HR, LLC at 608-370-4642 or angie@milestoneshr.com for a free, no obligation 30-minute exploration conversation. Check out our website at www.milestoneshr.com for all of our fractional human resources services.
Angie Addison, SHRM-CP, PHR
Founder & Owner of Milestones HR, LLC
www.milestoneshr.com