Kid superhero 3 small1.  We have a “no pets” policy at my workplace. This means we are exempt from hiring or accommodating disabled persons who use service animals.

False. There are circumstances where an employer may not accommodate a service animal in the workplace, such as hospital operating rooms or burn units, but a general “no pets” policy does not apply to a service animal. For more information on service animals, click here.

2.  Accommodations are generally expensive.

False. According to a study performed by the Job Accommodation Network, 56% of accommodations do not incur any cost, while the remaining cost around $500.

3.  If a qualified person with a disability applies for a job, I have to hire them, otherwise they can sue me under ADA.

False. As long as you did not base your decision not to hire the applicant on the disability, you haven’t violated the law.

4.  Since my company only has 10 employees, the ADA does not apply to me.

True. Companies with less than 15 employees are not covered by the ADA. However, please consult with your local laws, since there may be a local anti-discrimination law that provides expanded coverage.

5.  I have an employee who is epileptic. She occasionally runs work-related errands and is allowed to take a taxi because of her condition. Other employees have been complaining that she is receiving special treatment. It’s okay for the supervisor to tell them that she is allowed to take a taxi as a disability accommodation, as long as he doesn’t share any medical information or tell them what the disability is.

False. Sharing the fact that an employee receives an accommodation is equal to telling them that she has a disability. Good employee training, which includes privacy rights and familiarity with ADA requirements may help you avoid this situation.

6.  My company prohibits employees from eating at their desks. An employee who is diabetic has asked to be exempted from this rule because she needs to eat more frequently. I can ask her to use the breakroom and/or provide more frequent breaks, instead of allowing her to eat at her desk.

True. There may be circumstances where several different accommodations will meet an employee’s needs. Use the interactive process to determine the best solution for both employee and employer.

7.  I have a qualified applicant who disclosed that his wife is severely disabled from a recent car accident. I’m concerned that he will take too much time off to care for her. It’s okay for me not to hire him because he isn’t the one who is disabled, and therefore not protected under ADA.

False. The ADA protects employees and potential employees based on their relationship with a disabled individual.

8.  My company has a policy that requires anyone who requests a disability accommodation to submit documentation regarding the disability and need for accommodation. The policy is legal and fair because it is applied equally to all employees who request accommodations.

False. Some employees with open, obvious and permanent disabilities, such as an employee who is blind or an amputee, may not be asked for documentation of the disability or need for accommodation.

9.  We have a zero-tolerance drug policy at our workplace, and due to the nature of our business we require random periodic drug tests for all employees. It is okay to terminate an employee who has tested positive for marijuana, even though his doctor has prescribed its use for a chronic disability.

True…for now. The ADA states that a person using illegal drugs is not a qualified individual with a disability and thus is not protected by the ADA. Since marijuana is still considered illegal under federal law, this is one of the few instances where company policy trumps ADA. However, we expect to see cases hit the courts soon, especially in those states that have legalized marijuana use.

10.  At my company, we offer consideration for fast track promotions to employees with perfect attendance. One of our employees filed a complaint under ADA because she was denied access to these opportunities, due to the fact that she is currently receiving chemotherapy and working intermittently as an accommodation. Since her attendance is intermittent, she doesn’t meet the qualification for the fast-track promotion benefit.

False. Employees cannot be denied benefits offered to other employees based on accommodations for disabilities.

We hope you scored well! Please don’t hesitate to contact Reed Group for addition information regarding absence and disability administration services and software.

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