Federal Employment Laws That Impact Compensation and Benefits

Americans with Disabilities Act

The Americans With Disabilities Act of 1990 states that discriminating against a disabled person is illegal and defines a "qualified individual with a disability" as one who:

1. satisfies the job-related requirements of the employment position being applied for
2. with or without reasonable accommodation, can perform the essential job functions of that position.

Many disability cases are attributable to an employer’s inflexibility to provide reasonable accommodation as it relates to time-off policies such as sick, paid, unpaid, disability and the FMLA. Creative time-off policies can be effective in curtailing such allegations. If you can show that a specific accommodation would result in undue hardship, being disruptive to other employees or to your ability to conduct business, you may have a viable undue-hardship defense. The government doesn't require you to make an accommodation that would impair operations or put other people out of work. Having accurate and updated job descriptions is crucial to defend hiring choices. The job description may end up being the only defense to establish the essential elements of a job. According to the act: "If an employer has prepared a written description before advertising or interviewing applicants for the job, this description shall be considered evidence of the essential functions of the job."

For information about how to write job descriptions, see DLC Course 33: Job Analysis and Job Descriptions.