The Americans with Disabilities Act (ADA) has stood as a cornerstone of employment compliance for over three decades, safeguarding the rights of individuals with disabilities in the workplace and beyond. In response to the evolving landscape, the U.S. Equal Employment Opportunity Commission (EEOC) recently updated its guidance regarding job candidates and employees with visual disabilities. This fresh guidance underscores the importance of staying up-to-date with ADA compliance in today's rapidly changing world, especially with the integration of artificial intelligence (AI) in the workplace.
Disclosure of Visual Disabilities:
One key aspect clarified by the EEOC is how employers should handle voluntary disclosures of visual disabilities. The ADA does not mandate applicants to reveal their visual disabilities unless they require reasonable accommodations during the application process. Moreover, once hired, employees can request accommodations at any time.
Types of Reasonable Accommodations:
The updated guidance emphasizes the broad spectrum of changes that can qualify as reasonable accommodations for individuals with visual disabilities. These may include:
Leveraging New Technologies:
Today's technology offers a wealth of options for accommodating job candidates and employees with visual impairments. Some examples cited by the EEOC include:
Employers seeking guidance on job accommodations and disability employment issues are encouraged to explore the federal government's Job Accommodation Network, which offers expert and confidential assistance.
AI and Compliance:
As AI increasingly permeates the workplace, the guidance highlights a critical issue – how AI and algorithm-based decision-making tools could inadvertently lead to ADA violations. Such technologies might unintentionally exclude individuals with disabilities during the application process or while on the job.
Employers should address two primary responsibilities:
Mitigating Legal Risks:
Inadvertently violating the ADA can result in unexpected and substantial legal costs, as well as harm to your employer brand. Collaborate with legal experts to assess and mitigate your risk. Our firm can assist in quantifying and analyzing the costs of accommodation measures.
ADA compliance is not just a legal requirement; it's a commitment to workplace inclusivity. Staying informed about the latest updates, technologies, and legal responsibilities ensures that your organization provides equal opportunities to all, fosters a diverse and inclusive workplace, and avoids potential legal pitfalls.
For the full text of the guidance, click here.
If you have any questions about this content, or if you would like more information please contact Jeff Wilkie, Principal of the HoganTaylor Talent practice. More information is also available on the HoganTaylor Talent page of this website.
INFORMATIONAL PURPOSE ONLY. This content is for informational purposes only. This content does not constitute professional advice and should not be relied upon by you or any third party, including to operate or promote your business, secure financing or capital in any form, obtain any regulatory or governmental approvals, or otherwise be used in connection with procuring services or other benefits from any entity. Before making any decision or taking any action, you should consult with professional advisors.