ADA Series: Employment

Civil Mediation on ADA Employment Infractions

To address ADA violations, both parties must agree to move forward and proceed to mediation. Mediation offers a confidential and collaborative environment for parties to work toward a resolution. A neutral mediator facilitates communication and helps parties find mutually agreeable solutions. 

Mediation often results in collaborative solutions that benefit both parties. This might include revised workplace policies, enhanced training programs, the implementation of specific accommodations, or financial settlements for damages.

 Mediation can be a cost-effective alternative to litigation for both parties involved. The cost of mediation varies, but it is lower than the expenses associated with protracted legal battles. In the pursuit of fostering inclusive workplaces, companies must acknowledge the prevalence of ADA employment rights violations and take initiative-taking measures to prevent and address them. By prioritizing education, accessible policies, and embracing mediation as a resolution tool, companies can contribute to a workplace culture that respects and values the rights of individuals with disabilities, thereby avoiding costly legal ramifications. 

{i} An employer’s duty to initiate the ‘interactive process’ without a request for accommodation from the employee - McAfee & Taft (mcafeetaft.com) 

{ii} Despite the ADA, equity is still out of reach (apa.org) 

{iii} [Sources: U.S. Equal Employment Opportunity Commission (EEOC) Charge Statistics: https://www.eeoc.gov/statistics/charge-statistics Americans with Disabilities Act (ADA): https://www.ada.gov/]