The Americans with Disabilities Act (ADA) has become the source of the new “slip and fall” lawsuit for businesses of all types and sizes — from large shopping malls and department stores to small family-owned shops and restaurants. The “public accommodation” requirements of the ADA stipulate that businesses offering goods or services to the public must meet certain accessibility standards. The far-reaching requirements pertain to everything from the number of disabled parking spaces to the width of shopping aisles to the height of restroom mirrors, just to name a few.
Although the purpose of the ADA is to ensure that places of public accommodation satisfy the requirements of federal anti-discrimination law, for many businesses the process and nature of resulting lawsuits can feel like a shakedown.
The ADA also requires businesses to provide reasonable accommodations for employees with disabilities. Examples of reasonable accommodations include restructuring a job position, modifying a work schedule, and acquiring or modifying work equipment, among others.
Determining how to comply with a business’s legal requirements to accommodate an employee’s disability is not always a straightforward process. In his blog, Brian will offer employers ideas about how to meet reasonable accommodation requirements without placing undue stress on the work environment.
LeClairRyan’s Labor and Employment Team
LeClairRyan’s Labor and Employment attorneys defend employers against a full spectrum of employment claims in courts across the nation and before regulatory agencies, mediators and arbitrators.
We possess a successful track record of dismissing a majority of employment claims before trial, but, unlike many other national employment practices, LeClairRyan’s employment litigators have successfully tried to verdict scores of individual plaintiff and class action cases for clients who refuse to pay off unwarranted claims. We also frequently affirm our clients’ trial and summary judgment victories before appellate courts throughout the nation, including most of the U.S. Courts of Appeals and the U.S. Supreme Court.
Our distinctive strengths include claims pertaining to:
- Disability discrimination
- Age discrimination
- Relief under the Family Medical Leave Act and Fair Labor Standards Act
- Sexual harassment
- Race and gender discrimination
- Failure pay wages or benefits
- Breach of contract
- Wrongful termination
- Negligent hiring or retention
Our attorneys have significant experience in developing and implementing national arbitration programs that require employees to submit employment disputes to binding arbitration as an alternative to costly litigation. In addition, we regularly assist employers covered by Executive Order 11246 with the preparation and maintenance of affirmative action plans. We also respond to audits of their compliance efforts.
Employment Counseling, Training and Audits
Members of our team conduct audits and help employers develop and implement training programs and company policies designed to avoid liability related to employment claims.
Our compliance audits cover all applicable state and federal employment laws relating to matters such as minimum wage and overtime compensation, discrimination, harassment, retaliation, workplace privacy, child labor, and family, medical and military leave. Along with close examination of employers’ policies, procedures and documents, our audits include fact-gathering interviews with key personnel. They culminate in a comprehensive report that includes recommendations of best practices.
We also work closely with clients to draft and enforce executive and other employment contracts, confidentiality agreements, and covenants restricting employees’ post-employment conduct.