How to Write and Enforce Strong Reasonable Accommodations Policies
To many organizations’ credit, there has been a growing trend towards embracing DEI (diversity, equity, and inclusion) practices in their companies. Movements such as #metoo have forced organizations to confront generations of inequity in positions of power, board rooms, and leadership roles. Unfortunately, it has not always been a balanced, persistent effort across the board. While there are a lot of positive changes in the diversity and equity spheres, is there enough being done about inclusion?
July is Disability Pride Month, and this blog is not to belittle or prioritize any area of DEI over another, but rather to call out and focus on what companies can do to be more inclusive and support the needs of persons with disabilities. Adequate support will allow employees to take pride in who they are without interference in the workplace. As they say on Sesame Street, I is for Inclusion!
REASONABLE ACCOMMODATIONS POLICIES
As we pass the halfway mark on 2022, it’s time for most companies to update their policies, and that’s a good place to start. One of the key areas that we help several clients out with, for example, is managing reasonable accommodations.
If your company does not have a Reasonable Accommodation Policy in place, then you need to add one during this policy refresh season. The EEOC has some great guidelines to consider as you create a new one or refresh an existing one. And if you have one, it’s a good time to make sure it specifically accommodates the following groups:
Applicants and interviewees
Include information about essential job functions in the announcement for potential applicants to self-determine if they have appropriate qualifications
When you advertise a position, include a disclaimer to the effect of “We are an Equal Opportunity Employer. We do not discriminate based on race, religion, color, sex, sexual orientation, gender, age, national origin, or disability.”
Employees
Guide your supervisors and managers and make sure they know how to handle accommodation requests, identify bias or discrimination in the workplace, and affirm fair treatment.
Address the company’s position on providing temporary accommodations while researching an employee’s accommodation request.
Clearly spell out the process for making an accommodation requestion, what to expect in terms of review and approval, and how notification of the findings will be communicated.
Employees on Leave and Former Employees
This can include things like portability of health and disability insurance, job protections, as well as bonuses and promotions. The ADA is quite clear that an employee on leave as part of a reasonable accommodation request cannot be overlooked for promotion or bonus payments and if they are it can be interpreted as retaliation for exercising their right to ask for and receive a reasonable accommodation.
That’s just a couple ideas to get you thinking about this as you look to refresh your policies. At ETHIX360, we help our clients make sure they have the right policies in place, share them properly, get the right individuals to attest to them, distribute policies for employees to read and understand, and support them in the actual business process to register and resolve a Reasonable Accommodation Request. If we can help you, don’t hesitate to reach out!
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MEET THE AUTHOR
J Rollins is the co-founder and CEO of ETHIX360. J is a well known leader and innovator who has served on senior leadership teams ranging in responsibility from Chief Revenue Officer, Chief Marketing Officer, SVP of Product Strategy and Chief Operating Officer.
ABOUT ETHIX360
At ETHIX360, our goal is simple: to provide an affordable, flexible, and comprehensive answer to employee communication, policy management, corporate training and case management on issues related to corporate ethics, code of conduct, fraud, bribery, and workplace violence.
