Dear Americans with Disabilities Act,
How time flies -- you're already 25 years old! I have seen many lovely tributes to you this week, and a couple of my favorites are here and here. I hope you don't mind one more from me.
When President George H.W. Bush signed you into law in 1990, I had been practicing employment law for less than two years, so I feel like you and I grew up together.
I remember when those of us on the employers' side were in a panic about whether you were going to ruin the workplace by requiring this thing called "reasonable accommodation." Then, when the courts started taking a hard line on whether various medical conditions were "disabilities," I thought you might be dead, or at least sick. But you came roaring back with that ADA Amendments Act in 2009!
I don't always agree with Congress, but I want you to know that I think you're a good law. Even "as amended," and even though I still represent employers. Here are six things that I appreciate about you:
1. As others have pointed out far more eloquently than I can, you gave individuals with medical conditions a chance to get into the workplace or stay in the workplace, and to succeed and thrive.
2. With your "individualized analysis" and "reasonable accommodation" requirements (which I admit sometimes drive me crazy), you encouraged employers to treat employees as individuals. Before you came along, employers felt that they had to treat everyone exactly the same because otherwise they'd be accused of discrimination. You gave employers "permission" to take differences into account. I am sure that the result has been a more humane workplace.
3. Your "interactive process" requirement is great because it encourages employers to have a genuine dialogue with employees who have disabilities. (See "more humane workplace," above.)
4. You are a trailblazer. Because of you, many states were inspired to enact pregnancy accommodation statutes, and the Supreme Court just recently found that employers must consider making accommodations for pregnancy and related conditions. (Yeah, I know I had a few issues with that SCOTUS decision, but I'm generally in favor of the concept of pregnancy accommodation.) I also give you credit for state and federal "lactation accommodation" laws. Even though you don't protect pregnant women and new mothers yourself, your influence has made workplaces more hospitable to women of childbearing age and has promoted work-life balance.
5. You are reasonable. Unlike the Family and Medical Leave Act and other laws with highly technical requirements that trip up even well-meaning employers, your attitude is more like, "Hey, whatever works!" If an accommodation allows the employee to perform the essential functions of the job, then it's cool. You don't try to shoehorn employers and employees into some rigid, bureaucratic "solution" that doesn't work. You seem to be more interested in creating opportunities for employees with disabilities than in playing "gotcha!" with employers.
6. You have a heart, but you can still be tough when you need to be. You recognize that the work has to get done. You don't interfere with employers' needs for a workplace free of illegal drugs. If someone can't do the job, or can't do it safely, then you recognize an employer's right to look at other options, such as reassignment to a different job or a medical leave of absence, or even - as a last resort - termination. This is much appreciated.
So, happy 25th anniversary, ADA. And many happy returns.
Luv ya,
Robin
- Partner
Robin has more than 30 years' experience counseling employers and representing them before government agencies and in employment litigation involving Title VII and the Age Discrimination in Employment Act, the Americans with ...
Robin Shea has 30 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act).
Continue Reading
Subscribe
Contributors
- William A. "Zan" Blue, Jr.
- Obasi Bryant
- Kenneth P. Carlson, Jr.
- James M. Coleman
- Cara Yates Crotty
- Lara C. de Leon
- Christopher R. Deubert
- Joyce M. Dos Santos
- Colin Finnegan
- Steven B. Katz
- Ellen C. Kearns
- F. Damon Kitchen
- David C. Kurtz
- Angelique Groza Lyons
- John E. MacDonald
- Alyssa K. Peters
- Sarah M. Phaff
- David P. Phippen
- William K. Principe
- Sabrina M. Punia-Ly
- Angela L. Rapko
- Rachael Rustmann
- Paul Ryan
- Robin E. Shea
- Kristine Marie Sims
- David L. Smith
- Jill S. Stricklin
- Jack R. Wallace
Archives
- October 2024
- September 2024
- August 2024
- July 2024
- June 2024
- May 2024
- April 2024
- March 2024
- February 2024
- January 2024
- December 2023
- November 2023
- October 2023
- September 2023
- August 2023
- July 2023
- June 2023
- May 2023
- April 2023
- March 2023
- February 2023
- January 2023
- December 2022
- November 2022
- October 2022
- September 2022
- August 2022
- July 2022
- June 2022
- May 2022
- April 2022
- March 2022
- February 2022
- January 2022
- December 2021
- November 2021
- October 2021
- September 2021
- August 2021
- July 2021
- June 2021
- May 2021
- April 2021
- March 2021
- February 2021
- January 2021
- December 2020
- November 2020
- October 2020
- September 2020
- August 2020
- July 2020
- June 2020
- May 2020
- April 2020
- March 2020
- February 2020
- January 2020
- December 2019
- November 2019
- October 2019
- September 2019
- August 2019
- July 2019
- June 2019
- May 2019
- April 2019
- March 2019
- February 2019
- January 2019
- December 2018
- November 2018
- October 2018
- September 2018
- August 2018
- July 2018
- June 2018
- May 2018
- April 2018
- March 2018
- February 2018
- January 2018
- December 2017
- November 2017
- October 2017
- September 2017
- August 2017
- July 2017
- June 2017
- May 2017
- April 2017
- March 2017
- February 2017
- January 2017
- December 2016
- November 2016
- October 2016
- September 2016
- August 2016
- July 2016
- June 2016
- May 2016
- April 2016
- March 2016
- February 2016
- January 2016
- December 2015
- November 2015
- October 2015
- September 2015
- August 2015
- July 2015
- June 2015
- May 2015
- April 2015
- March 2015
- February 2015
- January 2015
- December 2014
- November 2014
- October 2014
- September 2014
- August 2014
- July 2014
- June 2014
- May 2014
- April 2014
- March 2014
- February 2014
- January 2014
- December 2013
- November 2013
- October 2013
- September 2013
- August 2013
- July 2013
- June 2013
- May 2013
- April 2013
- March 2013
- February 2013
- January 2013
- December 2012
- November 2012
- October 2012
- September 2012
- August 2012
- July 2012
- June 2012
- May 2012
- April 2012
- March 2012
- February 2012
- January 2012
- December 2011
- November 2011
- October 2011
- September 2011
- August 2011
- July 2011
- June 2011
- May 2011
- April 2011
- March 2011
- February 2011
- January 2011
- December 2010
- November 2010
- October 2010