by Karina Castaneda | Apr 8, 2024 | Compliance, Diversity & Inclusion, Human Resources
ADA accommodation requirements–Imagine a scenario where a qualified candidate with a disability applies for a job at your company. Thanks to ADA accommodation requirements, you provide the necessary accommodations, allowing them to excel in their role and contribute fully to your team.
Ensuring workplace accessibility is not just a legal obligation but a moral imperative for companies. ADA accommodations for employees ensure that individuals with disabilities have equal access to employment opportunities and a supportive work environment. By adhering to these requirements, employers create an inclusive workplace where all employees can thrive.
Read here to discover how Chicago-based company Launchways helps businesses navigate ADA accommodation requirements with automated HR solutions. In this blog post, we’ll explore the ins and outs and discuss how automated HR solutions can help companies navigate these regulations effectively.
Understanding ADA Accommodation Requirements
The Americans with Disabilities Act (ADA) sets forth clear guidelines on how employers must accommodate individuals with disabilities. These accommodations aim to eliminate barriers and provide equal access to employment opportunities. Employers are required to provide reasonable accommodations unless it causes undue hardship.
ADA Employment Protections
The ADA prohibits discrimination in employment practices, including:
- Benefits
- Firing
- Hiring
- Job assignments
- Lay-off
- Leave
- Pay
- Promotion
- Recruitment
- Training
- All other employment-related activities
It also bans retaliation against those asserting ADA rights and discrimination based on association with a disabled individual.
Reasonable Accommodation Under the ADA
A reasonable ADA accommodation for employees is an adjustment in a job or work environment that enables qualified individuals with disabilities to apply for jobs, perform essential job functions, and enjoy employment benefits equally. Examples include:
- Acquiring or modifying equipment
- Job restructuring
- Part-time or modified work schedules
- Reassignment to vacant positions
- Adjusting examinations, training materials, or policies
- Providing readers and interpreters
- Making the workplace accessible
Meeting ADA accommodation requirements is vital. Failing to provide reasonable accommodation unless it poses an undue hardship, violates the ADA, and denies equal opportunities.
Common Challenges Faced by Companies
Despite the clear guidelines provided by the ADA, companies often need help implementing accommodations effectively. Identifying appropriate accommodations tailored to each individual’s needs can be complex. Additionally, managing accommodation requests and ensuring compliance with ADA regulations can pose logistical challenges for HR departments.
Benefits of Automated Solutions
Automated HR solutions offer a promising solution to address the challenges associated with ADA accommodation requirements. These systems streamline the accommodation request process, from initial request submission to implementation and tracking. By automating tasks such as communication, documentation management, and compliance tracking, companies can ensure efficiency and accuracy in accommodation management.
Implementing Automated Solutions for ADA Compliance
Implementing automated solutions for ADA compliance in a company involves several key steps.
Firstly, companies must assess their current accommodation processes and identify areas for improvement.
Next, they should select an automated HR solution that aligns with their specific needs and ADA accommodation requirements. Customization and scalability are essential factors to consider to ensure the system can adapt to evolving needs.
Once implemented, ongoing monitoring and evaluation are crucial to maintaining compliance with ADA accommodation requirements and addressing any emerging challenges.
Ensuring Compliance and Accessibility
Maintaining compliance with ADA accommodations for employees is an ongoing effort. Companies must regularly review and update their accommodation policies and procedures to ensure they remain aligned with legal requirements.
Moreover, creating an accessible workplace environment goes beyond mere compliance—it fosters inclusivity and diversity, benefiting all employees.
Key Takeaways
In conclusion, ADA accommodation requirements ensure workplace accessibility and equal opportunities for individuals with disabilities. Automated HR solutions offer companies an efficient and effective way to navigate these requirements while streamlining their accommodation processes. Leveraging automated HR solutions like those offered by Launchways streamlines compliance efforts, fostering inclusivity and employee well-being. Ready to ensure your company’s compliance and inclusivity? Contact Launchways today!
by Jim Taylor | Oct 30, 2023 | Compliance, Diversity & Inclusion, Human Resources
In 2023, the number of lawsuits filed by the Equal Employment Opportunity Commission (EEOC) saw a significant 52% increase. This has left businesses wondering about what might happen in 2024.
As a protector of workers’ rights, the EEOC makes sure that federal laws against workplace discrimination are followed. Their main job is to guarantee that everyone is treated fairly. They aim to shield them from discrimination based on any of the following:
- Age
- Race
- Color
- Gender
- Religion,
- Place of origin
- Others
The EEOC is very dedicated to being fair and ensuring everyone is treated equally. To do this, it splits its efforts into three ways: providing education, prevention, and investigating complaints of discrimination. Its ultimate goal is to create a job market where every individual can participate and thrive, free from the burden of unjust bias or prejudice.
Based on recent behavior, companies can expect the EEOC to proactively address discrimination in the following year. Here, Chicago-based company, Launchways provides insights into the EEOC’s anticipated influence through 2024.
The EEOC’s Mission Intensifies
During fiscal year 2024, which started on October 1, the EEOC is set to intensify its efforts. This predicted increase in activity is partly due to a significant budget increase of 6%, amounting to an additional $26 million in funding. This financial boost underscores the government’s commitment to protecting workers’ rights.
Another factor is that the EEOC is now under the control of the Democratic party. After a year-long tie, the senate approved democrat Kalpana Kotagal to the five-chair committee. The democrat-rich EEOC is more likely to aggressively pursue all kinds of unfair treatment at work.
The EEOC’s plans include taking legal action against discrimination and identifying new forms of bias. In the year that ended on September 30, 2023, the EEOC filed 143 lawsuits. Some of these were about widespread discrimination. For example, one well-known case accused Tesla of worker discrimination at their factory in California.
What’s more, the EEOC is very determined to deal with new challenges in the workplace. For example, EEOC recently solved its first case involving AI bias. An international tutoring company, iTutorGroup, was using artificial intelligence to hire employees. They were required to pay $365,000 because the AI was picking candidates unfairly.
As the commission becomes more determined, employers should stay watchful. They should make sure to maintain a workplace that is fair, free from discrimination, and open to all employees.
What Can Employers Do?
Employers must take proactive steps to ensure compliance with anti-discrimination laws. Here are some key actions that businesses can take to promote fairness and prepare for the expected surge in EEOC lawsuits in 2024:
- Review and Update Policies: Employers need to carefully check their workplace rules. Look for regulations regarding discrimination, harassment, and equal chances. Making sure these rules cover everything, stay current, and are well explained to employees is really important.
- Provide Training: Teach employees and managers about anti-discrimination laws and rules. Regular training can make people aware and show them how to deal with discrimination at work.
- Set Up Reporting Systems: Make clear and private ways for employees to report discrimination. This is crucial for stopping issues before they get worse.
- Investigate Quickly: When there are complaints about discrimination, employers should immediately investigate. This not only solves problems but also shows that they are serious about fixing discrimination.
- Encourage Diversity and Inclusion: Building a diverse and inclusive workplace isn’t just a legal rule; it’s also the right thing to do. Employers can take steps to bring in more diversity at all levels of the company, making a place where all employees feel respected and valued.
What Is the Takeaway?
As we look ahead to 2024, it’s evident that the EEOC’s role in combating workplace discrimination will continue to be prominent. Employers should understand the changing rules and the EEOC’s dedication to strategically enforcing them.
The main idea for businesses is that being proactive is the best way to protect against possible EEOC lawsuits.
Employers can create a workplace that follows the law and treats all employees fairly by taking these steps:
- Checking and improving company policies
- Offering training
- Setting up reliable reporting systems
- Promptly investigating issues
- Promoting diversity and inclusivity
In the end, protecting workers’ rights and preventing discrimination benefits both employees and employers. With the right actions in place, businesses can navigate the evolving workplace rules and help build a more just and inclusive future.
by Brian Beyerbach | Aug 3, 2023 | Compliance, Diversity & Inclusion, Human Resources, Mental Health in the Workplace
There are several reasons companies should pay attention to the potential Equal Employment Opportunity Commission (EEOC) trends for 2023 and prepare accordingly. As the EEOC targets which areas of human rights and protection it wants to focus on for the next few years, companies scramble to anticipate where they might be falling short. One key area of focus is on promoting diversity and inclusivity within the workplace, particularly concerning the LGBTQ+ community and ADA rights.
The EEOC has indicated that it will be closely monitoring the treatment of LGBTQ+ individuals in the workplace, particularly with regard to harassment and discrimination. Companies should take proactive measures to create a safe and inclusive workplace for all employees, regardless of sexual orientation or gender identity.
In addition to promoting diversity, companies should also consider implementing training programs to educate employees on the importance of creating an inclusive workplace. This includes providing resources and support for LGBTQ+ employees, such as employee advocacy groups and non-discrimination policies.
What is driving the EEOC trends, and what can businesses do to prepare?
Litigating Power in 2023
The EEOC is composed of five individuals. In 2023, it is anticipated that the political balance will tip to the left and there will be a democratic majority. With the goal of worker equality through employer accountability and employee recourse, the EEOC democratic majority could flex its power to investigate and prosecute cases of discrimination.
Add to that, the 60-million dollar budget increase, and the commission will have the motive and the means to more aggressively pursue EEOC-Initiated Litigation for the foreseeable future.
Protecting Diversity in Industry
As the primary federal agency responsible for enforcing laws against discrimination in the workplace, the EEOC recently released its Strategic Enforcement Plan (SEP) for 2023 through 2027.
During the fiscal year 2022, its plan of action included the following:
- Addressing selected developing issues
- Preventing systemic harassment
- Eliminating recruiting and hiring barriers
- Protecting vulnerable workers
- Ensuring equal pay protections
- Preserving access to the legal system
To that, the proposed SEP for 2023-2027 includes additional measures to protect people with pregnancy-related medical conditions and LGBTQ+ individuals in the workplace.
Diversity has been missing in many industries, including construction and many high-tech fields, which are rapidly growing sectors that receive a lot of governmental support. This is something that needs to be addressed urgently.
Systemic cases are generally given priority when it comes to pursuing legal action against discrimination. However, if an individual or a small group brings up a policy, practice, or pattern of discrimination that needs to be addressed, then their claim may also be considered.
Recent Trends in Litigation…
Recently, some of the worst cases of discrimination the EEOC has uncovered have been in the construction industry.
Due to the $1.2 trillion federal Infrastructure Investment and Jobs Act, Congress passed in 2021, the EEOC feels obligated to ensure the massive budget isn’t used to haphazardly promote or enable harassment or discrimination in the field. During the last half of 2022, the EEOC filed multiple lawsuits with construction firms that resulted in $2.8 million in settlements.
Further LGBTQ+ Protections
In 2020, the U.S. Supreme Court determined that Title VII of the Civil Rights Act of 1964 could be used as the grounds for sex discrimination cases since gay or transgender employees would fall under its umbrella of protection. As mentioned in their report, this was seen as an incredible victory for the EEOC.
Considered a leader in promoting people’s rights within the LGBTQ+ community, the EEOC is constantly striving to expand its protections under existing statutes. Further expanding laws like Title VII could help maximize their enforcement efforts to ensure that everyone is treated fairly.
Republicans, however, could claim that this effort by the EEOC to push LGBTQ+ rights beyond their current scope is an abuse of its power. They may push back.
Similarly, in June 2021, the EEOC issued guidance to businesses giving LGBTQ+ workers exemptions from workplace policies on dress codes and regarding bathrooms and locker rooms. A later federal ruling sided with critics and stated that using the 2020 ruling as the legal precedent for expanding Title VII was premature. It basically concluded that the ruling is not definitive and there was much to be considered and many areas to be litigated in the future.
To Conclude…
By making the effort to build an atmosphere of inclusivity in the workplace, employers can invite greater diversity to their company. This creates a more positive setting for a productive workforce and encourages a broader range of new talent, which is a win-win for all involved.
By prioritizing diversity and creating an environment where workers feel included and valued, companies will be better equipped to navigate possible legal challenges and avoid litigation related to discrimination.
by Carolyn Kick | Feb 15, 2022 | Diversity & Inclusion, Employee Benefits
The importance of workplace diversity, equity, and inclusion (DEI) has made steady progress over the last few decades, but 2021 was the year where many employers finally made DEI a priority in their organization. An enormous undertaking for even a modestly sized company, these initiatives require challenging introspection and analysis regarding topics like strategic goals, hiring practices, workplace environment, and yes, benefit offerings.
It is impractical to expect every company aiming to improve on DEI measures to succeed in a matter of just one or two years. For many, this is a transition that will take much longer to come to fruition in a meaningful and measurable way. While enthusiasm should be applauded, trying to bite off too much in too short of a space of time can be overwhelming and ultimately does a disservice to the importance of the project. Breaking this process down into smaller, more manageable goals is a far better strategy than tackling the entire thing at once and then becoming discouraged when results do not meet expectations.
A great place to get started on this journey is with the single largest non-salary employee expense: healthcare. In order to truly achieve a more equitable workplace, where inclusive benefit offerings lead to improved health outcomes, plans need to be tailored to the individual needs of all employees.
What does healthcare discrimination look like?
Understanding inequities in the healthcare system begins with examining the underlying factors that impact health outcomes, known as the social determinants of health (SDOH). SDOH encompasses aspects of a person’s environment that have a major impact on their health, wellbeing, and quality of life. The unfortunate reality is that differences in socioeconomic status, geographic location, and racial background often result in substantial disparities in health outcomes. For example: if people don’t have access to grocery stores with healthy foods, they are less likely to have good nutrition, increasing their risk for a variety of health conditions like obesity, heart disease, and diabetes.
How are employees affected by discrimination in the health care system?
Employees can be left vulnerable to increased health risks either by lack of access to quality health care or by lack of adequate education about the resources that are available to them. Data from a recent Harris Poll survey of more than 2,000 adult Americans showed that 54% have delayed care in the past year due to cost. The 2020 Health Insurance Literacy Study from Policy Genius found that only 32% of Americans can define the terms deductible, copay, and premium. Whatever the cause, many employees lack the resources necessary to take care of their physical and mental well-being, which could potentially result in long-term health issues.
How can employers make the health care system more equitable?
Recognizing that there is no universal strategy to improving employee well-being allows you to diagnose the specific gaps and obstacles that your employees experience in their access to healthcare. The importance of personalizing clinical and wellness offerings to the needs of the individual is a factor that is often overlooked when administering healthcare benefits. That being said, here are some common barriers and strategies to address:
- Add wellness programs to your overall benefits package that take into consideration how your employees’ diverse backgrounds and experiences impact their health. Wellness subsidization has the dual benefit of promoting healthy behavior while also lowering the employee’s financial burden.
- Ensure your health plan uses clear and accessible language. 36% of Americans making less than $75,000 annually reported that they have avoided care due to uncertainty over what their health insurance covered. Inaccessible language can prevent even the most carefully designed benefit package from providing equitable healthcare access.
- Provide first-dollar coverage and improved cost certainty. High prices, lack of cost certainty, and high deductibles are the most commonly cited reasons for skipping or postponing medical care. 44% of American adults don’t have $400 in savings, leading to a disproportionate impact on lower-income individuals and families.
In a recent survey, 7 in 10 employers said that they plan to bolster DEI-related aspects of their benefit packages in the next few years. While most organizations have their employees’ wellbeing in mind, few are truly aware of how these decisions impact their overall health. These investments are also good for the bottom line, as the fewer medical procedures and doctor visits your employees require, the fewer claims are submitted. A survey from Monster indicated that 86% of job candidates say DEI initiatives in the workplace are important to them, demonstrating the impact these programs can have on recruitment and retention.
From personalized benefit offerings to proper benefits education and improved cost certainty, there are many options available for employers to work toward providing equitable health plans. This is an important project that will likely take years to bring to fruition, but it is the right thing to do not only for your employees but also for your organization itself, and it is never too early to get started.
by Carolyn Kick | Jul 21, 2021 | Compliance, Diversity & Inclusion, Human Resources
In observance of LGBTQ+ Pride Month and the one-year anniversary of the landmark Supreme Court ruling over Bostock vs. Clayton County, the U.S. Employment Opportunity Commission (EEOC) has announced new resources to help employers understand the protection of applicants and workers against discrimination regarding sexual orientation and gender identity. Along with a new landing page summarizing information pertaining to sexual orientation and gender identity discrimination, they’ve released a new technical assistance document to “help educate employees, applicants and employers about the rights of all employees, including lesbian, gay, bisexual and transgender workers, to be free from sexual orientation and gender identity discrimination in employment.”
The EEOC’s new resources taken together with the Bostock ruling present wide-ranging implications for employers across the U.S. Before we dive into the key points of these changes, we need to take a closer look at how we got here.
Bostock v. Clayton County, a Brief Overview
The significance of the EEOC’s new guidance documents cannot be fully appreciated without understanding the consequences of last June’s Bostock v. Clayton County Supreme Court ruling. That 6-3 decision added discrimination on the basis of sexual orientation and gender identity to the list of practices deemed in violation of Title VII of the Civil Rights Act of 1964.
The Supreme Court consolidated 3 separate cases into this historic decision: two centered upon the firing of gay men due to their sexual orientation (Bostock v. Clayton County and Altitude Express Inc. v. Zarda) and another on the firing of a transgender woman due to her gender identity (R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment and Opportunity Commission). The question at hand was “whether an employer can fire someone simply for being homosexual or transgender.” The opinion of the court, authored by Justice Neil Gorsuch, was unambiguous: “An employer who fires an individual merely for being gay or transgender defies the law”. Gorsuch also noted that various caveats regarding religious liberty issues stemming from the First Amendment, exemptions provided to religious employers in Title VII, and the Religious Freedom Restoration Act were not addressed.
Bostock v. Clayton County has since been interpreted by the EEOC and other courts to prohibit all forms of harassment and discrimination based on sexual orientation and gender identity.
The EEOC’s New Guidance Explained
The new resources provided by the EEOC consolidate critical information concerning sexual orientation and gender identity discrimination along with links to fact sheets regarding recent EEOC litigation on this topic. Also included is a new Technical Assistance Document explaining the implications of the Bostock decision and reiterating that employers cannot:
- Discriminate against individuals based on sexual orientation or gender identity with respect to terms, conditions, or privileges of employment, including hiring, firing, furloughs, reductions in force, promotions, demotions, discipline, training, work assignments, pay, overtime, other compensation, or fringe benefits.
- Create or tolerate harassment based on sexual orientation or gender identity, including harassment by customers or clients. This may include intentionally and repeatedly using the wrong name and pronouns to refer to a transgender employee.
- Use customer preference to fire, refuse to hire, or assign work.
- Discriminate because an individual does not conform to a sex-based stereotype about feminine or masculine behavior (whether or not an employer knows the individual’s sexual orientation or gender identity).
- Require a transgender employee to dress or use a bathroom in accordance with the employee’s sex assigned at birth. However, employers may have separate bathrooms, locker rooms, and showers for men and women, or may have unisex or single-use bathrooms, locker rooms, and showers.
- Retaliate against any employee for opposing employment discrimination that the employee reasonably believes is unlawful; filing an EEOC charge or complaint; or participating in any investigation, hearing, or other proceeding connected to Title VII enforcement.
The Technical Assistance Document also notes that employers are prohibited from creating, or tolerating, harassment, or discriminating against straight or cisgender (those who identify with the sex assigned at birth) individuals. Additionally, the EEOC addresses the tension between protections provided to employers and employees with sincerely held religious beliefs and LGBTQ+ applicants and employees by noting, “Courts and the EEOC consider and apply, on a case by case basis, any religious defenses to discrimination claims, under Title VII and other applicable laws.”
5 Key Points for Employers
Title VII of the Civil Rights Act of 1964 now prohibits discrimination on the basis of sexual orientation or gender identity nationally, regardless of state and local laws. Many recurring questions regarding protections for LGBTQ+ employees have been clarified by the EEOC’s new guidance, and here are the 5 key points for U.S. employers to take away:
- Discriminatory action cannot be justified by customer or client preferences. “An employer covered by Title VII is not allowed to fire, refuse to hire, or take assignments away from someone (or discriminate in any other way) because customers or clients would prefer to work with people who have a different sexual orientation or gender identity.”
- Whether or not an employer knows an employee’s sexual orientation or gender identity, employers are not permitted to discriminate against an employee because that employee does not conform to sex-based stereotypes about traditional feminine or masculine behavior.
- Employers requiring transgender employees to dress in accordance with the employee’s sex assigned at birth constitutes sex discrimination.
- Employers may have separate bathrooms, locker rooms, and showers for men and women. However, “all men (including transgender men) should be allowed to use the men’s facilities and all women (including transgender women) should be allowed to use the women’s facilities.” Because the Supreme Court left this issue unaddressed in the Bostock ruling, stating: “Under Title VII… we do not purport to address bathrooms, locker rooms, or anything else of the kind,” this is a controversial issue that is still developing.
- Accidental misuse of a transgendered employee’s preferred name and pronouns does not violate Title VII. However, “intentionally and repeatedly using the wrong name and pronouns to refer to a transgender employee could contribute to an unlawful hostile work environment.”
The implications of the Bostock ruling and the EEOC’s new guidance are far-reaching and consequential, and they make it clear that any discrimination on the basis of sexual orientation or gender identity is now prohibited under Title VII. However, some matters remain unresolved, such as gendered bathrooms/locker rooms and potential conflicts with protections provided to private employers and employees with sincerely held religious beliefs. It is paramount for all U.S. employers to review the EEOC resources, assess their policies and practices to ensure that they are in compliance, and remain attentive to further developments regarding LGBTQ+ workplace discrimination law.
by Carolyn Kick | Jan 21, 2021 | Diversity & Inclusion, Employee Benefits
As we begin to settle into the new year, it’s important to take some time to both reflect on the past year and continue planning for the year to come. While 2020 was an unpredictable year, through the chaos we find insights that will shape the future of the workforce and employee benefits.
While many experts have made predictions for what 2021 might entail, there are a handful of themes that have come to the forefront for most. Likely the most notable of these is the prioritization among employers to promote diversity, equity, and inclusion. Following a year of civil unrest and mass protests for social justice, it makes sense that there is more interest in DEI. And we are seeing more people of color filling roles in high-profile positions – inspiring others, and influencing change. Additionally, we’ve seen a growing interest in environmental, social, and corporate governance policies among corporations where ESG had traditionally been less of a priority.
While priorities have been shifting regarding social equality, we have also been enduring the impacts of a global pandemic. This has shed light on many areas that have been overlooked in the past, such as improved benefits for working parents, women, and low-income individuals. These emerging themes have played a major role in what experts believe will influence the benefits strategies of employers in 2021.
Meeting a Diverse Range of Needs
It has become apparent that a broad benefits plan for all isn’t an effective strategy for companies that are working to create a more inclusive and diverse workplace. Instead, the standard has changed to a need for personalized benefits. While a change to benefits that serve a wider variety of employee needs (mental health, childcare, etc.) has been in the works for a few years, the events of 2020 have and continue to accelerate the need for more inclusive, well-rounded benefit programs.
More Equitable Benefits
2020 brought with it a variety of new challenges for employers and employees alike. While working parents struggled with the stress of ever-changing childcare solutions, many single non-parents struggled with the mental health concerns caused by isolation. The differences in the varying needs of employees brought forth the need for empathy and a shift in the benefits and services offered by employers. The effects of these differences will influence employers to have a more equitable approach to the benefits offered moving forward.
The Rise of Social Benefits
Social benefits refer to things such as student loan repayment programs, commuter benefits, child care, elder care, and more. They are a response to what many employees consider their employer’s social responsibility. While student loan repayment plans were expected to be the big trend of 2020, the COVID-19 pandemic certainly had a big impact on the emergence of such plans. However, that idea and similar non-traditional benefits are continuing to become more important as we see a growing interest in social benefits.
An Emphasis on Connecting Remotely
Our daily working environments have changed dramatically this year and with it came many opportunities and challenges. For example, remote work has allowed employers to tap into a wider pool of talent. However, employers need to continue to prioritize the use of technology that helps their teams succeed and educate them on time management and skills that will improve productivity while working from home.
Surge in DEI-Based Recruitment Efforts
Among all of the realization of the past year, we have seen a significant focus on the need for effective DEI initiatives from employers. The new virtual environment is not only helpful to the continuity of businesses, it encourages DEI initiatives in the future. Employers are no longer limited by geographical location when acquiring talent, rather, the virtual environment enables them to leverage recruitment platforms to access a more diverse pool of talent.
A Focus on Inclusivity, Despite Social Distancing
It uncertain when we will return to working in the office again. Many employers are feeling the struggles of the disconnect between employees. While Zoom meetings are helping us stay connected, it doesn’t quite replace the feeling of seeing and collaborating in-person. In the future, it will be important for leaders to structure remote work in a way that puts inclusivity as the top priority. Regardless of what the future holds, it is important that employers create a uniform and inclusive experience that encourages employees to do their best work.
