Workplace training can improve ADA compliance

The Americans with Disabilities Act of 1990 prohibits discrimination based on disability. Disability is defined by the ADA as “a physical or mental impairment that substantially limits a major life activity.”

This spring, the Equal Employment Opportunity Commission adopted amendments to Title I of the ADA. The amendments do not change the definition of disability, but they clarify and broaden the interpretation and application of the term, which makes it easier for employees seeking protection under the ADA to establish that they have a disability.

The ADA amendments have essentially brought the federal law up to the same standard as Massachusetts law. But it is important for all employers to understand the law.

For example, many collective bargaining agreements contain clauses that allow the employer to require employees to produce medical certification stating that they may return to the workplace without restriction, but attorney Julian Tynes, chair of the Massachusetts Commission Against Discrimination, advises employers to enforce such provisions with extreme caution. As the definition of a disabling condition has been expanded in the ADA, many affected employees may suffer from a disability that entitles them to a “reasonable accommodation” to fulfill the essential functions of their position.

The right to a reasonable accommodation is an individual statutory right, so a collective bargaining unit would not have standing to waive such a right for its members. An employer that requires employees to produce medical certification stating that they can return without restrictions, absent evidence that the employee does not have a disabling condition, may find themselves in violation of the ADA and state law (M.G.L. Ch. 151B) for failure to grant a reasonable accommodation and failure to engage in the interactive process.

MIIA/MCAD training
Instances of harassment and discrimination in the workplace can interrupt productivity, cause emotional distress for those involved, and incur unnecessary expenses. To mitigate and manage such situations, the MCAD, the state’s chief civil rights agency, and MIIA partnered several years ago to develop a series of discrimination prevention training programs for municipal employees.

“Workplace discrimination can occur in small, rural towns as well as large, urban communities,” Tynes said. “We believe this program with MIIA is a national model of the kinds of proactive efforts cities and towns can and should be making to prevent discrimination in the workplace.”

MIIA and the MACD offer several discrimination prevention programs – including a new workshop: “Making Reasonable Accommodations in the Workplace” – that are designed to help municipalities resolve internal issues and mitigate liability, which can reduce their insurance claims and costs. Municipal leaders, human resources representatives, police and fire chiefs, and other supervisor-level employees from nearly one-third of MIIA member communities have participated in the free MIIA/MCAD workshops since the program began in 2008. MIIA members receive credit toward their insurance premiums for participating in the training through the MIIA Rewards incentive program.

MIIA/MCAD interactive trainings include a half-day prerequisite course, “Preventing and Addressing Workplace Discrimination,” which covers basic discriminatory harassment issues, including recognizing forms of discrimination, employee and employer rights and responsibilities, and making reasonable accommodations for employees with disabilities and religious practices.

“Conducting Internal Complaint Investigations” is a day-long training that includes an overview of forms of discrimination; laws regarding civil rights in the workplace; groups protected under Chapter 151B; the employer’s responsibilities to address issues of discriminatory harassment; and step-by-step methods for conducting internal investigations.

A three-and-a-half day “Discrimination Prevention Train-the-Trainer Program” gives municipal employees the tools and skills they need to implement effective training to their own workforce.

“We recognized that many of our members would find these tools and resources helpful in mitigating and managing situations of discrimination,” said MIIA Executive Vice President Stan Corcoran. “Our collaboration with MCAD allows us to address an extremely important issue facing many municipalities and give them the information and confidence needed to address what are often preventable situations.”

MCAD (www.mass.gov/mcad) works to eliminate discrimination on a variety of bases and areas. The agency handles more than 3,000 discrimination claims each year.