Top 5 Ways For Small Businesses To Avoid An ADA Lawsuit

Disabiliy Means More Than Most People Think

In an article by Brian Tracy entitled "Don't Get Sued For Disability Discrimination", he writes about a hypothetical employee who sits down in his employer's office and announces that he needs time off because he's depressed. According to Tracy, this sets off an immediate Americans with Disabilities Act (ADA) alarm because Congress included, among others, depression as covered under the law. What should a small business owner do?

My first thought is that if I have under 15 employees, it really isn't my problem. But Tracy's article explains that states usually cover smaller businesses, including Connecticut, which  covers as low as 3-employee firms. As James McDonald, managing partner of the Irvine, CA office of the employment law firm of Fisher & Phillips says in the article, "The definition of disability has expanded substantially."

 So here are the top 5 ways small business owners can avoid an ADA lawsuit:

1. Keep an open mind
2. Treat your employees as you would like your employer to treat you. 
3. Don't act based on stereotypes. 
4. Recognize that sometimes because of the effects of an impairment, the individual cannot do the job.
5. Make sure to have policies and procedures in place that will let employees raise their issues

 Consult with your attorney on these matters to make sure you are in compliance.