How do ADA Requirements Apply to Staffing Agencies?
Staffing agencies are accustomed to encountering diversity of all sorts. In fact, an assorted pool of applicants and employment hopefuls is often essential to providing clients with the perfect job candidate to match their needs. Inevitably staffers will encounter workers with some form of disability or another, so it is vital to understand the American with Disabilities Act (ADA) requirements when looking to place these workers. ADA rights apply to any individual who possesses physical or mental impairments that limit one or more major life activity and have documented records of such impairments.
The ADA protects qualified workers from discrimination on the basis of their disability. Under these stipulations, an individual is considered “qualified” if they can perform essential job functions with or without “reasonable accommodations.” The “reasonable accommodations” qualification is tone of the most important aspects of the legislation, as accommodations must not impose “undue hardship” upon an employer. Most accommodations are “reasonable” such as making existing facilities accessible and usable by impaired individuals, many of which can be subsidized by government aid. These accommodations include:
- Modifying structures and facilities
- Restructuring job functions
- Enabling access to facilities and equipment
- Purchasing, building, modifying equipment
- Modified work schedules
- Policy and procedural revisions to allow for disability
Staffing agents play an essential role in facilitating the placement of impaired individuals and ensuring their host employer adheres to all ADA guidelines and regulations. Mismanagement of any employment case can have devastating implications, especially if legal claims of discrimination are involved. It is important to ensure that your clients understand all the risks they face as hiring professionals and provide the most comprehensive solutions to protecting their operation.
At World Wide Specialty Programs we specialize in ensuring that staffing agencies receive the best Employment Practices Liability Insurance, Professional Liability coverage and a full spectrum of other solutions to common HR and staffing complications. Our Staffing Agency Insurance programs offer your clients the most comprehensive risk management strategies available. For more information about all our offerings please give us a call today at (877) 256-0468.