Americans with Disabilities Act (ADA) Guidelines
Workers’ Compensation and the ADA
It’s been a mystery for a long time, but employers finally have some answers. The mystery — the interaction between workers’ compensation law and the Americans with Disabilities Act — now has some answers in the form of new guidelines from the Equal Employment Opportunity Commission. The new EEOC guidelines deal with the following topics:
- disability issues;
- questions and medical examination of applicants and employees,
- confidentiality of medical information,
- hiring decisions
- return to work decisions,
- reasonable accommodation,
- light duty, and
- exclusive remedy provisions of state workers’ compensation laws.
Although the enforcement guidelines do not carry the force of law, EEOC investigators will use the guidelines in evaluating charges filed against employers.
Three guideline areas of paramount interest to most employers are light duty, reasonable accommodation and return to work decisions. Following are key questions and answers in these areas from the EEOC guidelines, along with our tips.
EEOC Guideline Question: If an employer has only temporary light duty positions, must it still provide a permanent light duty position for an employee with a disability–related occupational injury?
EEOC Answer: No.
Our Tip: The EEOC is suggesting here that employers have the right to make light duty jobs either temporary or permanent. When offering light duty work, employers should make a written offer that includes a statement that the employer reserves the right, at its sole discretion, to modify, change or eliminate the position.
EEOC Guideline Question: Does the ADA prohibit an employer from creating a light duty position for an employee when s/he is injured on the job?
EEOC Answer: No, in most instances.
Our Tip: According to the EEOC, employers have a "special obligation" to employees with work–related disabilities to create "light duty work" so long as such a light duty policy does not discriminate against non–disabled individuals or individuals with disabilities unrelated to work.
We believe that such jobs are better described as "transitional or work–hardening positions for a limited time period." Also, employers should pay special attention to what economic value these jobs provide to the company.
EEOC Guideline Question: Does the ADA require an employer to provide a reasonable accommodation for an employee with an occupational injury who does not have a disability defined by the ADA?
EEOC Answer: No.
Our Tip: An employee with an occupational injury may conceivably have an ADA disability if "work restrictions" still exist after maximum medical improvement. However, a workers’ compensation settlement or a disability award does not necessarily equate to an ADA disability.
EEOC Guideline Question: May an employer require that an employee with a disability–related occupational injury be able to return to "full duty" before allowing him/her to return to work?
EEOC Answer: No.
Our Tip: Employers should have a policy that return to work decisions will be assessed on a "case by case" basis. This assessment should evaluate whether the employee’s job functions are essential or marginal and whether or not a reasonable accommodation can be made for the employee without undue hardship on the employer.
The interaction of the ADA and occupational injuries can place employers "between a rock and a hard place." Companies must fulfill their legal obligations under the ADA while attempting to control their workers’ compensation costs. This balancing act requires careful handling and legal counsel to avoid potential legal pitfalls.
