Compliance Stuff

On our May 28, 2026, Employment Law Webinar, HSB’s Matt Blake discussed one of the more nuanced intersections in employment law: the relationship between state workers' compensation systems and the Americans with Disabilities Act (ADA). For those who were unable to attend, these are the key takeaways: Two Laws, One Workforce Workers' compensation and the ADA create different frameworks for physical ailments that may coincide in the workplace. W orkers' compensation is addressed by state law; the ADA is federal. When the two conflict, the ADA governs, and state law cannot permit or require discriminatory conduct against a person who qualifies as disabled under the ADA . Critically, workers' compensation exclusivity provisions do not shield employers from ADA obligations. A Workers' Compensation Claim Is Not an ADA Disability, Necessarily The ADA has a three-pronged definition of disability: a physical or mental impairment that substantially limits a major life activi...

The Americans with Disabilities Act (ADA) imposes real, enforceable obligations on employers and is among the most misunderstood laws . Many organizations approach accommodation requests with genuine care and good intentions, yet still find themselves exposed to Equal Employment Opportunity Commission (EEOC) charges and legal liability. Good intentions, without a documented, good-faith dialogue, carry no legal weight. It is important for employers to understand what the ADA interactive process actually requires and how to avoid common pitfalls. What the ADA Interactive Process Actually Requires The interactive process is a collaborative, good-faith dialogue between an employer and an employee or applicant with a disability, aimed at identifying effective, reasonable accommodations . The EEOC describes it as an informal process in which both parties work together to identify the precise limitations caused by the disability and explore possible accommodations. A denial email, a one-side...