Every aspect of employee relations is impacted by ADA and FMLA, including the application process, hiring, wages, benefits, firing, advancement, job training, medical leave, and other associated terms, conditions and privileges. The key term “reasonable accommodations” can require employers to:
- Restructure job descriptions
- Modify work schedules
- Reassign employees
- Acquire or modify equipment or devices
- Alter the layout of workstations
- Adjust testing parameters
- Change or develop training materials and policies, and
- Provide other services or changes that would not impose an undue hardship on the operation of the employer’s business.
The regulations are detailed and cover what can be said, asked, or pursued during the hiring process and the term of employment. There are differences in requirements pre/post-job offer, as well as when the considerations of one or more Acts apply and overlap. Confidentiality and medical examinations are highly regulated.
The EEOC (Equal Employment Opportunity Commission) has enforcement responsibility for ADA while the Department of Labor enforces the FMLA.
Corporate exposure has never been greater, yet most businesses fall short on understanding the compliance requirements of federal and state employment regulations. HRM Consulting proactively delivers the expertise and HR tools to minimize legal action on employee matters. When claims have already occurred, HRM Consulting provides expert testimony and litigation support to management, employees, and their legal counsel.