Human Resource Compliance Helps SMBs Avoid ADA Litigation

Following the ADA Amendment Act of 2008, employers have seen a steadily increasing number of charges filed under the Americans with Disabilities Act (ADA). The 2008 figure of fewer than 20,000 charges has grown to over 26,000 in 2012. The monetary benefits from these claims has ballooned to nearly twice the 2008 amount as well. A 16-year history of ADA claims statistics is available at EEOC.gov

Employers looking to protect themselves from ADA and other EEOC claims can implement a comprehensive risk management strategy that utilizes human resource compliance best practices and Employment Protection Liability Insurance (EPLI). Business & Legal Resources (BLR), an SOI partner and provider of HR compliance advice, has created a list of 10 best practices to avoid ADA lawsuits:

1. Know the law. The Americans with Disabilities Act is a civil rights law that prohibits discrimination based on a person’s disabilities. The law requires equal access and use of goods, services, and facilities in places of public accommodation.
2. Do not discriminate against individuals with disabilities. All individuals are to be treated equally under the law.
3. Train your employees to appropriately interact with and assist individuals with disabilities.
4. Ensure that your parking lots, entryways, restrooms and public spaces are accessible.
5. Identify specific steps or adjustments you will need to make reasonable accommodations to provide equal opportunities.
6. Make reasonable accommodations in accordance with the law. Accommodations beyond the law are not required.
7. Have specific hiring policies that focus on the applicants qualifications for the job and avoid unlawful questions (relating to age, marital status, religious affiliation, etc.).
8. Address accommodation requests with the individual employee (or, if this is a public space, each member of the public) to determine effective accommodations.
9. Hire a compliance officer or a consultant to do a compliance review of your facilities.
10. Keep detailed records of any repairs or renovations to the facility and any visitor complaints.

Read the entire BLR article here.

If you would like more information on EPLI and HR compliance best practices, please contact SOI today.

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About BLR

BLR®—Business & Legal Resources helps U.S. businesses simplify compliance with state and federal legal requirements, and we help them become more successful. We do this by offering authoritative content and practical, easy-to-use tools. Through our expert in-house editors and exclusive attorney network, we provide the most comprehensive, reliable state-specific information available—and we do it in all 50 states. Our award-winning information products—including training programs, events, web portals, reports and subscription services—give businesses of all sizes and industries the best tools available at affordable prices. For more information, visit: BLR.com

About EEOC

The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person’s race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. It is also illegal to discriminate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. For more information, visit: EEOC.gov

About SOI

SOI is a leading professional employer organization (PEO) for small and medium-sized businesses (SMBs) serving as a trusted partner in integrated human resource (HR) compliance, risk management, employee benefits, employment practices liability insurance (EPLI), and payroll processing. SOI is based in Charlotte, NC and supports tens of thousands of worksite employees throughout the U.S. For more details, visit: SOI.com.