Jenner & Block

Americans with Disabilities Act Compliance

Our attorneys consult with employers regarding compliance with the Americans with Disabilities Act (ADA), and with the intricacies of the ADA as it applies to:

  • Termination issues, including avoidance of claims of disability discrimination.
     
  • Reasonable accommodation issues, such as the extent to which an employer should modify the terms and conditions of employment of disabled workers in light of the “reasonable accommodation” requirements of the ADA.
     
  • What physical or mental conditions may be considered disabilities.
     
  • Determining the essential functions of the job.
     
  • The interaction of the ADA with other state and federal laws, including the Family and Medical Leave Act (FMLA) and state discrimination, leave and workers’ compensation laws.
     
  • Hiring issues, including pre-employment questioning, testing and application forms.
     
  • Advising clients on how to handle misbehaving employees with drug and alcohol or mental health problems.