Reasonable Accommodation (Title I):

• Employers must provide reasonable accommodations to employees with disabilities, unless doing so would cause undue hardship.

Interactive Process (Title I):

• Employers must engage in a timely, good-faith interactive process with employees who request accommodations.

Prohibition of Discrimination (Title I):

• Employers are prohibited from discriminating against qualified individuals with disabilities in job application procedures, hiring, advancement, discharge, compensation, job training, and other terms, conditions, and privileges of employment.

Confidentiality (Title I):

• Employers must keep any medical information obtained about an employee confidential and separate from the general personnel file.

Retaliation and Coercion (Title V):

• Employers are prohibited from retaliating against employees for asserting their rights under the ADA or participating in an ADA-related proceeding.

Medical Examinations and Inquiries (Title I):

• Employers may not make inquiries about an employee’s disability or require medical examinations unless they are job-related and consistent with business necessity.

Leave as an Accommodation (Title I):

• Employers may need to provide leave as a form of reasonable accommodation, even if the employee is not covered under the Family and Medical Leave Act (FMLA).

Access to Benefits and Programs (Title I):

• Employees with disabilities must have equal access to the benefits and programs offered by the employer.

Effective Communication (Title II and III):

• Employers must ensure that communication with employees with disabilities is as effective as communication with others, which may include providing auxiliary aids and services.

Undue Hardship (Title I):

• An employer is not required to provide an accommodation that would cause significant difficulty or expense, but must demonstrate the nature and cost of the accommodation and the resources available to the employer.

Job Restructuring and Modified Work Schedules (Title I):

• Reasonable accommodations may include job restructuring, part-time or modified work schedules, and reassignment to a vacant position.

Provision of Assistive Devices (Title I):

• Employers may be required to provide assistive devices or technology as part of reasonable accommodations.

Training for Supervisors and Staff (Title I):

• Employers should train supervisors and staff on ADA compliance, including how to handle accommodation requests and avoid discriminatory practices.

Documentation and Record-Keeping (Title I):

• Employers should maintain thorough documentation of all accommodation requests, the interactive process, and any actions taken in response to those requests.

Evidence of Discrimination or Retaliation:

• Violating written policies, especially those related to fair treatment, can serve as evidence in claims of discrimination or retaliation. If a company fails to follow its own policies, it can be indicative of an intent to discriminate or retaliate against an employee.

Breach of Contract:

• In some jurisdictions, company policies outlined in an employee handbook or other documents may be considered part of an implied contract between the employer and the employee. Violating these policies can be seen as a breach of this implied contract.

Undermining Good Faith and Fair Dealing:

• Employment relationships often include an implied duty of good faith and fair dealing. Ignoring or violating company policies can undermine this duty, potentially leading to legal claims by affected employees.

Negligence and Liability:

• Companies have a duty to act reasonably to protect employees from harm. Violating policies designed to ensure safety, fairness, and compliance can expose the company to negligence claims, particularly if an employee is harmed as a result of the policy violation.

Adverse Impact on Legal Defenses:

• When defending against claims such as wrongful termination, discrimination, or retaliation, adherence to written policies can support the company’s case. Conversely, failure to follow these policies can weaken the company's legal defenses and suggest wrongful conduct.

Regulatory and Compliance Risks:

• Ignoring company policies that align with regulatory requirements can lead to violations of labor laws and regulations. This can result in penalties, fines, and increased scrutiny from regulatory bodies, as well as harm the company’s reputation and employee relations.

Evidence of Discrimination or Retaliation:

• Context: In cases where an employee alleges discrimination or retaliation, showing that the employer violated its own policies can strengthen the employee's claim. For example, if a policy outlines procedures for handling complaints of discrimination and the employer ignores these procedures, it can be inferred that the employer had discriminatory or retaliatory motives.
• Implication: Courts may view policy violations as supporting evidence of unlawful intent.

Breach of Contract:

• Context: While not all company policies are contractual, in some cases, particularly when policies are explicitly included in employment agreements or handbooks, they can be interpreted as part of the employment contract. Failure to follow these policies can thus be construed as a breach of contract.
• Implication: Employees may have grounds to sue for breach of contract if they can prove that the policy formed part of their employment terms.

Undermining Good Faith and Fair Dealing:

• Context: The implied covenant of good faith and fair dealing requires employers to act in a manner that is honest and fair. Violating internal policies, especially those related to employee rights and benefits, can suggest a lack of good faith.
• Implication: Employees may claim that the employer's actions were in bad faith, particularly if policy violations led to unfair treatment or termination.

Negligence and Liability:

• Context: Employers have a legal obligation to provide a safe and fair working environment. Policies are often put in place to mitigate risks and ensure compliance with safety regulations. Ignoring these policies can lead to claims of negligence, especially if it results in employee injury or harm.
• Implication: Employers could be held liable for damages resulting from their failure to adhere to safety or procedural policies.

Adverse Impact on Legal Defenses:

• Context: Employers often rely on documentation and adherence to policies to defend against claims of wrongful termination, discrimination, or other employment disputes. When an employer violates its own policies, it undermines its credibility and weakens its legal position.
• Implication: Judges and juries may be more inclined to side with the employee if the employer cannot demonstrate consistent adherence to its own policies.

Regulatory and Compliance Risks:

• Context: Many company policies are designed to ensure compliance with labor laws and regulations, such as OSHA standards, anti-discrimination laws, and wage and hour laws. Violating these policies can lead to regulatory investigations and sanctions.
• Implication: Employers may face fines, penalties, and increased regulatory scrutiny if policy violations result in non-compliance with applicable laws and regulations.