Linking ADA Compliance to Corporate Culture

Christine Howard, a partner in the Tampa office, contributed to the September 6 Human Resource Executive Online article "Linking ADA Compliance to Corporate Culture." The article noted the need for HR leaders to consider not just narrow legal issues when determining whether to reasonably accommodate a disabled individual, but how their ultimate decision will impact the company's culture. Christine said a company does not have to hire or retain someone with a disability, if the firm determines that it could not reasonably accommodate the person due to undue hardship or safety concerns. If the disability is not known at the time of the interview, but is disclosed by the employee once hired -- and the employee requests assistance in performing the job, the employer must discuss with the employee what accommodations might permit the employee to perform the job. "Employers need to engage in a good-faith interactive process, but the responsibility is on both parties -- the employer and employee."