ADA and Safety: How to Keep Your Safety Efforts From Undermining Your ADA Compliance

Listen Now!

You spend a lot of time making sure workers do their jobs safely, and you take pride in your proactive safety initiatives. Unfortunately, these are the very things that could land you on the losing side of an ADA lawsuit.

Let's say you fire a worker who has consistently failed to operate his forklift in a safe manner, despite repeated warnings and training. What you don't know is that a protected medical condition is behind his poor performance -- which means you had a duty to work towards a reasonable accommodation instead of showing him the door. The mistake is understandable, but it's one that can cost your organization dearly.