Ways Your Business Might Be Violating the ADA and What to Do About It

By Lisa 0

The Americans with Disabilities Act (ADA) protects individuals with disabilities from discrimination. Nearly all public and private businesses serving the general public must comply. Even if you’re conscious about ADA compliance, there are several ways you may be violating the ADA without realizing it. 

Being Accessible

If your business serves the public, it must conform to minimum accessibility standards according to Title III of the ADA.

  • Can individuals with disabilities get into your building? The lack of a ramp, no curb cuts, or a too-high lip at the entrance can impede an individual’s access.
  • Parking spots need to be clearly marked, and there should be room for a van with a ramp.
  • A common violation that may not be immediately obvious is the lack of aisle space. If you sell merchandise, aisles should be wide enough to be wheelchair accessible.

It’s not only new buildings that need to be compliant with the ADA. Existing facilities must remove accessibility barriers. Your building may not have to remove barriers, however, if making the modifications would be too difficult or too costly. 

Providing Reasonable Accommodations

A reasonable accommodation entails modifying the work environment so that an employee can perform the essential functions of his or her job. For example, if the employee were to have a communication disability such as being deaf or hard of hearing, it would be the business’s responsibility to provide accommodations such as sign language interpreters.

However, if the accommodation would cause an undue hardship on the business, you as an employer would not be required to provide that accommodation. An undue hardship involves accommodations that would be too costly to the organization, drain its resources, lower job efficacy, or infringe on the rights of others.

Watching for Discrimination

Title I of the ADA focuses on protecting employees with disabilities from discrimination. Businesses with 15 or more employees must comply. This means you cannot let disabilities come into play when making hiring or firing decisions. When writing ADA-compliant job descriptions, the language you use should be careful not to discourage an individual with a disability from applying. Although, you don’t have to hire an individual if they cannot perform essential job functions with the help of reasonable accommodations

Remember, as an employer, you are also responsible for providing a non-discriminatory work environment. If you have employees who are harassing an individual with a disability, you need to address it.

Learning to navigate ADA requirements is necessary to protect your business from lawsuits and improve the lives of individuals with disabilities. Keep an eye out for common violations and address them promptly when they come to your attention.

3 Interview Questions You Didn't Know Were Illegal

By Jessica Suotmaa 0

You may prepare legally sound interview questions for your job interview.  Maybe you consulted an HR company, asked a mentor for a copy of their interview questions, or purchased a set. However, did you know that the interview does not just consist of the questions you prepared?

The interview starts as soon as you speak to the candidate. It can start in an email thread where you schedule the interview. It can start over the phone when you called the verify information. And lastly, it can start in the waiting area when you’re just shaking hands. Keeping this in mind, here are the three interview questions you didn’t know were illegal.

1. Where are you from?

While this question may seem like innocent small talk to you, it can lead to uncomfortable answers and a feeling of discrimination. This is especially true if you learn that your candidate is not a U.S. citizen, is an immigrant, or part of a special group.

The California Fair Employment and Housing Act (FEHA) prohibits employers from discriminating candidates based on their national origin, race, ethnicity, or ancestry.

We recommend avoiding this question all together by focusing on the “legal right to work in the U.S.” (also known as “work permit”) rather than the standard greeting.

2. Where do you live?

Another common small talk question often asked by employers to see how far the candidate lives from the workplace.  The question leads to talk about commute, method of transportation, and the cost and time it takes to travel to and forth. However, this is a loaded question that suggests you are discriminating a candidate based on the neighborhood they live in.

Note: You can still ask a candidate if they are willing to relocate.

3. What is your availability?

Employers who require overtime work or weekend engagements may ask this question to weed out candidates with religious observances or family responsibilities.

If you were asking these questions, don’t feel bad. A 2015 survey found that one in five employers were asking candidates illegal questions without knowing they were illegal.  But now that you know, you have no excuse.

Still fuzzy on the details? Give us a call and let’s talk.