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.
