As part of United Way of the Quad Cities’ four-part Non-Profit Board Governance training series, Lane & Waterman’s Judith Herrmann joined attorneys Jodi Fisk of Deere & Company and Daniel Hardin of Bozeman, Neighbour, Patton, & Noe, to deliver the presentation: Employers’ Obligations under the Americans with Disabilities Act, as amended (ADAAA).

“The number of claims filed under the Americans With Disabilities Act, as amended, has greatly increased, making it even more important for employers to know their obligations under this law,” said Judith on the import of delivering this kind of training.

Need to brush up on your ADAAA knowledge? Here are five key takeaways from the presentation:

1. Recognize what qualifies as a disability
   • Physical or mental impairment that substantially limits one or more major life activities
   • Major Life Activities can include: caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, working, etc.
   • Major Bodily Functions: immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions
2. Know what a reasonable accommodation is
   • Examples could include:
     • Modified work schedules
     • Granting additional breaks
     • Providing assistive technology
     • Giving unpaid leave (even as additional leave after the expiration of FMLA leave)
     • Job reassignments

3. Understand what to do when an employee asks for a reasonable accommodation
   • Engage in the interactive process
     • Interactive Process: Individualized assessment of the employee, their disability, and the job at issue must all be documented
     • Use the resources available to you, such as the Job Accommodations Network (“JAN”), which lists potential accommodations: askjan.org
     • When engaging in the interactive process, do not obtain any genetic information, which is protected by the Genetic Information Nondiscrimination Act (“GINA”)

4. Ensure your job descriptions reflect the actual work the employee performs
5. Train your front-line staff

The next Non-Profit Board Governance Series will commence in March with the topic of Contract Law.