Workplace Laws: Myths and Facts
By: the U.S. Department of Labor
Contrary to popular opinion, the Americans with Disability Act (ADA) and other disability related workplace laws are no more complex or difficult than other workplace laws encountered by an employer every day.
There are complex laws in place for compensation, benefits, insurance, diversity - You name it, there is a law for it. Yet, these laws do not keep employers from hiring people without disabilities. Why should common sense regulation designed to protect employers and employees discourage you from hiring the best employees you can find for your business?
Empower Missouri has prepared this 'plain language' introduction to key segments of workplace legislation in order to help Missouri's employers become more comfortable with the law and to provide Missouri's businesses with greater access to new customers and quality employees.
Note: this plain language summary should in no way be interpreted as legal advice. It is simply an brief overview. If you have specific questions regarding workplace laws, please contact an appropriate attorney.
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Workplace Laws & Myths
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Myth:
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Accommodating workers with disabilities costs too much.
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Fact:
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Many changes are far less expensive than people think: like installing a bathroom grab bar, rearranging furniture or installing offset hinges to widen a doorway. A recent study commissioned by Sears indicated that of 436 reasonable accommodations provided by the company, 69% cost nothing and only 3% cost more than $1,000.
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Myth:
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There is no financial help for businesses when it comes to providing accessibility.
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Fact:
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Federal tax incentives are available to help businesses meet the cost of ADA compliance.
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Myth:
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The ADA is misused by people with "bad backs" and "emotional problems"
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Fact:
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Trivial complaints are rejected by the system, but just like hiring, firing and disciplining all other employees, employers must appropriately document problems and resolutions.
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Myth:
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The ADA is rigid and requires businesses to spend lots of money to make existing facilities accessible.
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Fact:
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The ADA is based on common sense. It recognizes that altering existing structures costs more than making new construction accessible. The law only requires that public businesses (e.g. stores, banks, hotels and restaurants) remove architectural barriers in existing facilities when it is "readily achievable" - when it can be done "without much difficulty or expense".
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Myth:
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The government thinks everything is doable.
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Fact:
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Often it may not be readily achievable to remove a barrier - especially in older structures. For example: installing an elevator in a small business would, most likely, not be readily achievable or affordable. In these circumstances, the ADA would allow a business to simply provide curbside service to persons with disabilities.
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Myth:
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The ADA forces businesses to spend lots of money hiring unqualified people.
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Fact:
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No unqualified job applicant or employee with a disability can claim employment discrimination under the ADA. Employees must meet all the requirements of the job and perform the essential functions of the job with or without reasonable accommodation. No accommodation must be provided if it would result in an undue hardship on the employer.
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Myth:
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The government thinks that all changes should be done right now.
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Fact:
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Businesses are required to do only what is readily achievable at that time. A small business may find that installing a ramp is not achievable this year, but that improved profits may make it achievable in the future. Still, businesses are encouraged to evaluate their facilities and develop a long-term plan for barrier removal that is in line with their resources.
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Myth:
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The Justice Department sues first and asks questions later. Businesses pay large fines.
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Fact:
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The primary goal of the enforcement program is to increase voluntary compliance through technical assistance and negotiation. This is why most every complaint settles. Courts may levy penalties only in cases brought by the US Justice Department, not private litigants.
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