How complex are ADA compliance reporting requirements?

ADA is quite different from FMLA requirements — time is spent on reporting but most importantly, in court due to the complexity of the ADA.

There were 24,324 disability discrimination cases filed with the EEOC just in 2020. When someone files a complaint with the EEOC, it is typically resolved within 180 days of the incident. These cases are incredibly time consuming and cost employers on average $200k per case. An example is the recent Walmart settlement. The incident occurred in 2015, but was not resolved until Summer of 2021 (6 years later!), with a staggering $125 million verdict.

Beyond reporting, employers are spending significant time navigating (analyzing, verifying, and negotiating) accommodation requests. Because there is no standard protocol that all companies are following, this can be daunting having to:

1. Verify with a medical provider 
2. Deem what accommodations are considered “reasonable”
3. If a request is “unreasonable”, the employer must offer alternatives [how do they even know what alternatives to offer?] and 
4. Keep a paper trail of all interactions in case of retaliation

Want to know more about ADA and Section 503 reporting requirements? Here are some of our favorite resources:

• Summary of Selected Recordkeeping Obligations in 29 CFR Part 1602 (EEOC)
• Accommodation and Compliance: Recordkeeping Requirements and the ADA (JAN)