Four Misunderstood Terms in the Americans with Disabilities Act

Four Misunderstood Terms in the Americans with Disabilities Act

The Americans with Disabilities Act (ADA) applies to employers with 15 or more employees. Despite its broad coverage, there’s a lot of confusion about what the law requires and what its terms entail. A big reason for this confusion is the language of the law itself; the ADA speaks of nebulous concepts like undue hardship and reasonable accommodation. Words like undue and reasonable are by their nature open to some interpretation, which is not exactly a comfort to employers.

Fortunately, employers can feel confident in their application of the law by reviewing and understanding its most important concepts. In this article, we’re going to define and analyze the terms disabilityundue hardshipreasonable accommodation, and interactive process. These are the big four terms that serve as the foundation of your responsibilities as an employer under the ADA.

Disability

Let’s start with the term disability. Under the ADA, a person with a disability is someone who:

  • Has a physical or mental impairment that substantially limits one or more major life activities;
  • Has a record of such an impairment; or
  • Is regarded as having such an impairment.

Major life activities include caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. A major life activity also includes the operation of a major bodily function, such as digestive, circulatory, and reproductive functions.

Although determining whether an impairment meets the definition of disability is an individualized assessment, some conditions “virtually always qualify.” For example, according to the EEOC, deafness substantially limits hearing; HIV substantially limits immune function; and bipolar disorder substantially limits brain function. Other conditions may vary from case to case in whether they substantially limit a major life activity.

It’s important to note that the definition of disability is broad. After the ADA was originally passed, the courts interpreted the definition very narrowly, and Congress responded by amending the ADA in 2008 so that more disabilities are covered. If an employee asks for an accommodation because of a physical or mental condition, it often won’t be hard for them to show that the condition substantially limits a major life activity.

Reasonable Accommodation

Employers often encounter the ADA when an applicant or employee asks for a reasonable accommodation. A reasonable accommodation is a change to the workplace or the job application process so that people with disabilities can perform the essential functions of their job, access employment benefits, or be considered for a job they’re qualified for. The intent of reasonable accommodations is to remove workplace barriers for people with disabilities—barriers that don’t prevent people without disabilities from performing the work or applying for the job. But don’t focus too much on the word reasonable; in the context of disability accommodations, reasonable means feasible or plausible.

Common types of accommodations include modifying work schedules, altering the way job duties are done, re-assigning a non-essential job duty (like asking the receptionist to stack the monthly 100-lb paper delivery in the storage room), granting additional breaks, providing accessible parking, and providing materials in alternative formats (e.g., Braille, large print). Another type of accommodation is a temporary leave of absence. Although a bit counterintuitive (because the employee isn’t working while on leave), the theory with a leave as an accommodation is that the time off will enable to employee to perform the essential functions of their job when they return.

Not every requested accommodation is required, however. For one, employers don’t have to remove an essential job function (e.g., the receptionist can still be expected to answer the phone). Employers also aren’t required to provide items for personal use, like wheelchairs or hearing aids. And, as we turn to next, an accommodation doesn’t have to be provided if it causes an undue hardship.

Undue Hardship

Under the ADA, an employer is not required to provide reasonable accommodations to employees or applicants with disabilities if doing so creates an undue hardship on the organization. The basic definition of undue hardship is an action that creates a significant difficulty or expense. Generally, this is a high standard to meet.

The cost of an accommodation could be an undue hardship on the employer, but so could an accommodation’s duration or disruption. An accommodation that would fundamentally alter the nature or operation of the business would be an undue hardship even if the cost was negligible. But if cost alone is the basis for claiming undue hardship, employers should remember that the standard is a significant expense.

Undue hardship is determined on a case-by-case basis, considering the following factors:

  • The nature and net cost of the accommodation, including the availability of tax credits and deductions, as well as outside funding;
  • The overall financial resources of the facility providing the accommodation, the number of employees at the facility, and the effect of the accommodation on expenses and resources;
  • The employer’s overall financial resources, size, number of employees, and the number, type, and location of its facilities;
  • The type of operation of the employer, including the composition, structure, and functions of the workforce, and the geographic separateness and administrative or fiscal relationship of the facility providing the accommodation; and
  • The impact of the accommodation on the operation of the facility, including the impact on the ability of other employees to perform their duties and the impact on the facility’s ability to conduct business.

An employer can’t claim undue hardship based on employee or customer fears or prejudices toward the disability. An undue hardship also can’t be based on the possibility that an accommodation could reduce employee morale.

Interactive Process

The interactive process is an ongoing conversation between the employer and employee to explore potential accommodations so that the employee can perform their essential job functions or access the benefits or privileges of their job.

Basically, the interactive process starts with brainstorming. The employee—and in some cases their medical provider—is often the best source for accommodation options. However, the employer should do some research too, for example, by searching for the disability or functional limitation on the Job Accommodation Network website.

Next, the employer chooses an accommodation from all the options. Employers should give consideration to which accommodation the employee prefers, but, at bottom, whatever accommodation they choose must be effective. If it’s not clear initially, the employer can implement an accommodation for a trial period to determine whether it’s effective. If that accommodation doesn’t work, employers should then try a different accommodation. In addition, circumstances may change over time, so the best practice is to keep an open dialogue with the employee to see if further adjustments are needed throughout the employment relationship.

By Megan LeMire

Originally posted on Mineral

Key Factors Driving Health Care Cost Increases in 2025

Key Factors Driving Health Care Cost Increases in 2025

Health care expenses are expected to rise significantly in 2025, with projections indicating a 7%-8% increase. This aligns with similar trends in 2024, showcasing the cumulative impact of ongoing cost growth. Below are the primary drivers of these increases:

  • GLP-1 Medications: Glucagon-like peptide-1 drugs typically require long-term use to deliver intended health benefits. Currently, 6% of Americans use these medications, with the percentage potentially rising to 9% by 2030.
  • Pharmacy Costs: Rising costs in general pharmacy are fueled by price hikes for existing drugs, along with innovations like cell and gene therapies, biologics, and biosimilars.
  • Health Care Workforce Costs: Increased spending on wages and staffing in the health care sector often translates into higher costs for employers and patients.
  • Chronic Conditions: About 90% of U.S. health care spending is dedicated to managing mental and chronic health conditions, including heart disease, cancer, diabetes, and obesity.
  • Aging Population: The number of Americans aged 65 and older continues to rise, with over 55 million aged 55 or older currently. By 2040, nearly 80 million are expected to be in this age group.

Although these rising costs are inevitable, informed employers can proactively address these challenges. Reach out to us for additional insights and resources.

2025 Employee Benefits Limits: What You Need to Know

2025 Employee Benefits Limits: What You Need to Know

Many employee benefits are subject to annual dollar limits that are adjusted for inflation. For 2025, most of these limits have increased. However, some limits, such as those for dependent care Flexible Spending Accounts (FSAs) and Health Savings Account (HSA) catch-up contributions, remain unchanged.

Key Benefit Limits for 2025:

Health Savings Account (HSA) Contributions

  • Single Coverage: $4,300 (up $150 from 2024)
  • Family Coverage: $8,550 (up $250 from 2024)
  • Catch-up Contributions: $1,000

Important Considerations for Employers

Employers should ensure that their payroll systems are updated to reflect the new 2025 benefit limits. Additionally, it’s crucial to communicate these changes to employees to help them make informed decisions about their benefits.

By staying informed about the latest benefit limits, employers can help employees maximize their benefits and plan for their financial future.

Battling Holiday Depression: Tips to Avoid a Blue Christmas

Battling Holiday Depression: Tips to Avoid a Blue Christmas

For some, the lyrics “with those holiday greetings and gay happy meetings when friends come to call, it’s the hap-happiest season of all” stirs happy memories of Christmas caroling. However, for others, the holidays can be one of the most stressful and isolating times of the year. The season often brings a whirlwind of demands—shopping, baking and entertaining to name a few. For those managing mental health conditions like depression or anxiety, these challenges can feel even more overwhelming.  

Holiday depression can sometimes be dismissed as just the “winter blues.” During this time, many people focus more on their physical health than their mental well-being, often prioritizing weight loss over emotional care. This lack of awareness can allow holiday depression to deepen into major depression.

Here are nine tips to help manage holiday depression:
  1. Be Realistic – Holidays and traditions evolve as people do. Kids grow up, people relocate, and new relationships form. Embrace these changes, cherish new traditions, and appreciate memories from past holidays while being present in the current moment.
  2. Schedule Downtime – Spend 15-20 minutes daily for quiet relaxation, such as taking a bath, listening to music, or reading. And remember, it’s okay to say no—you don’t need to attend every party or event.
  3. Stay Connected – Avoid isolation. Seek social interactions, even if you can’t be home for the holidays. Invite a friend over for a chat or volunteer for a cause that interests you.
  4. Limit Alcohol – Alcohol is a depressant and can intensify negative emotions. Try to drink in moderation.
  5. Exercise Regularly – Although exercising can feel challenging when stressed, even a short walk can be beneficial. Exercise has been shown to help reduce depression symptoms.
  6. Focus on the Positives – Each day is a gift. Practicing gratitude has a powerful effect on mental well-being by increasing self-esteem, enhancing positive emotions, and promoting optimism.
  7. Manage Expectations – Set realistic goals and pace yourself. Make a list to prioritize what’s most important, helping to keep holiday activities manageable.
  8. Communicate with Loved Ones – Don’t hide your holiday depression from friends and family. Sharing your feelings can prevent your mental health from worsening. Be honest about what you’re experiencing, but make it clear you don’t expect them to “fix” it.
  9. Seek Professional Help if Needed – If you feel persistently sad, anxious, unable to sleep, or find routine tasks overwhelming despite your efforts, reach out to a doctor or mental health professional.

Don’t feel pressured to embody the “joy of the season.” With planning, self-care, and meaningful connections, you can manage holiday depression and find moments to enjoy. Be kind to yourself, keep expectations realistic, and stick to your healthy habits. By actively caring for your mental health, you can make the most of the holiday season.

If you are experiencing these symptoms over a period of several weeks, you may be depressed. Talking with a mental health professional or taking a mental health screening test can help you understand how well you are coping with recent events. Seek help.

ER vs Urgent Care: How to Choose the Right Care for Your Medical Needs

ER vs Urgent Care: How to Choose the Right Care for Your Medical Needs

All too often, illness or injury appears out of the blue: You wake up in the middle of the night with intense abdominal pain.  Or your baby spikes a high fever on the weekend. These situations are stressful and it’s hard to think when you’re under stress. But you need to decide where to go to get medical care for yourself or a loved one. Understanding the levels of acute medical care before you need it can help you focus and get the appropriate help quickly.

Urgent care centers and emergency rooms are both great options for times when you are unable to see your primary care physician (PCP). The reasons for choosing these facilities can be because the injury or sickness has occurred outside normal office hours for your doctor or that you are out of town when an emergency hits. As you know, the first choice for non-life or limb-threatening conditions should be your regular doctor—they will have your medical history on file and your medication list at the ready. When this is not an option, you will need to make the choice on what level of care you need.

Urgent Care Centers

Urgent care centers fill the gap between when you are sick or minorly injured but cannot see your PCP and when you can’t wait for an appointment. Most urgent care locations are staffed by doctors or physician’s assistants. These centers can get you in and out quickly and some even take appointments. Since you will not see your PCP at these clinics, it’s always best to bring a copy of all the medications and dosages of meds you take. If you have a special condition, like epilepsy, make sure you disclose that to the urgent care provider you see. Most have access to x-ray machines and basic diagnostic tests. The typical range of costs for care at these centers is between $175-$200.

Here are some conditions that typically can be seen at urgent care centers:

  • Fevers, flu or cold symptoms
  • Ear infections
  • Bronchitis
  • Cuts and bleeding that may require stitches
  • Urinary tract infections
  • Vomiting or diarrhea
  • Minor back pain

Emergency Room Care

Hospital emergency rooms provide care for life and limb-threatening situations ranging from heart attack and stroke to car accident injuries. Staffed by physicians, nurses, and specialists, emergency rooms have access to highly knowledgeable and diverse medical teams.  In emergency rooms, care is given to the most serious injury/illness first—not on a first-come, first-served basis. Because of this, wait times in emergency rooms are widely varied and may be into a several hours-long wait. Again, it is wise to bring a list of any medications, both prescribed and over-the-counter, with you when seeking care since the ER will not have this information from your PCP. The average cost of an emergency room visit costs $2,700 according to UnitedHealthcare.

Symptoms that are best evaluated in an emergency room include:

  • Chest pain or difficulty breathing
  • Weakness/numbness on one side
  • Slurred speech
  • Fainting/change in mental state
  • Serious burns
  • Head injury
  • Concussion/confusion
  • Broken bones and dislocated joints
  • Seizures
  • Severe cuts that may require stitches
  • Vaginal bleeding with pregnancy

When deciding between urgent care and the emergency room, start by assessing your symptoms. Ask yourself, “Is this condition life-threatening or likely to cause permanent damage?” If the answer is “yes,” head to the nearest ER. If it’s “no,” take your non-life-threatening injury to an urgent care center for stitches or treatment. Choosing the right care option saves you both time and money!