Under the ADA, there is no question that it is much easier for employees to establish that
they have a disability. Rule number one is that employers should not worry about whether
their employee does or does not have a disability. Rather, the focus should largely be
on whether you can provide the employee a reasonable accommodation to help them
perform their job.
If an employee identifies a workplace barrier, our response as employers should be to
identify reasonable ways in which we can help them perform the job. It does not mean
that we do the job for them. The focus should remain on how you can help them perform
the job. Employers also should document the accommodations they are providing
employees so that they are in a better position to assist the employee and, later on, to respond
to litigation that arises.
