Workplace ADA Policy Template

Workplace ADA Policy and Compliance Agreement

Employer Name:   Employer Address:

Consultant Name:   Consultant Address:

Recitals

WHEREAS, the Employer seeks to implement and maintain policies, procedures and training to ensure compliance with applicable laws regarding disability discrimination and reasonable accommodation in the workplace; and

WHEREAS, the Consultant has expertise in evaluating workplace disability accommodation needs, preparing written policies, and assisting employers in establishing interactive processes to address requests for reasonable accommodation; and

WHEREAS, the parties desire to set forth the terms under which the Consultant will develop, deliver, and assist in implementing a Workplace ADA Policy and related compliance processes for the Employer.

Scope of Work

The Consultant shall prepare a written Workplace ADA Policy that includes, at minimum: definitions of disability and covered individuals; a procedure for requesting reasonable accommodation; designation of the Employer's accommodation contact; procedures for interactive process meetings; documentation requirements; confidentiality protections for medical information; anti-retaliation assurances; training materials; and record retention recommendations.

Payment Terms

Invoices not paid within days of invoice receipt shall accrue interest at , and the Consultant may suspend performance after providing days' written notice.

Term and Termination

Term Start:   Term End:

Either party may terminate this Agreement for convenience upon providing days' written notice. The Agreement may be terminated immediately for material breach, including failure to comply with confidentiality obligations or applicable law, if the breaching party fails to cure within days of written notice.

Confidentiality

"Confidential Information" means non-public information delivered by one party to the other in connection with this Agreement, including without limitation medical or disability-related information obtained in connection with accommodation requests, business operations, or other proprietary materials. The receiving party shall (a) use Confidential Information solely to perform its obligations under this Agreement; (b) restrict access to employees or agents with a bona fide need to know; and (c) protect Confidential Information using at least the same degree of care it uses to protect its own confidential materials, but in no event less than reasonable care.

Medical information and records pertaining to an individual employee shall be maintained separately from general personnel files and disclosed only as required by law or with the employee's written authorization, except that supervisors or managers may be notified of necessary work restrictions or accommodations.

Workplace ADA Policy (Employer Policy)

It is the Employer's policy to provide equal employment opportunities to qualified individuals with disabilities and to provide reasonable accommodation to the known physical or mental limitations of otherwise qualified applicants and employees, unless doing so would impose an undue hardship on the operation of the Employer's business.

"Disability" is defined broadly to include physical or mental impairments that substantially limit one or more major life activities. "Reasonable accommodation" includes modifications or adjustments to the work environment, job restructuring, modified schedules, assistive devices, or leave as required by law.

Employees or applicants who request an accommodation should contact the Employer's accommodation coordinator: Name:   Phone:   Email/Department: .

Upon receipt of a request, the Employer will engage in a timely, good faith interactive process with the individual to identify effective reasonable accommodations. The Employer may request reasonable documentation of disability and limitation when necessary to evaluate the request, and will provide a written accommodation determination.

When appropriate, the Employer may request documentation from a health care provider that is sufficient to establish the existence of a disability and the functional limitations relevant to the requested accommodation. Such documentation will be treated as confidential medical information.

The Employer will consider whether a requested accommodation would impose an undue hardship on the operation of the business, taking into account the nature and cost of the accommodation and the Employer's financial resources. The Employer will evaluate essential job functions when determining whether an individual is otherwise qualified and whether an accommodation would be reasonable.

The Employer prohibits retaliation against any individual who requests an accommodation, participates in the interactive process, or files a complaint alleging disability discrimination. Any instance of retaliation should be reported immediately to the accommodation coordinator or other authorized representative.

The Employer will provide training to supervisors and human resources personnel regarding recognition of accommodation requests, the interactive process, confidentiality of medical information, and non-retaliation. Employees are responsible for cooperating in the interactive process and providing requested information in a timely manner.

Records related to accommodation requests and medical documentation will be retained for a minimum of years in a secure manner consistent with applicable law.

Governing Law

This Agreement and the interpretation of the Workplace ADA Policy shall be governed by and construed in accordance with the laws of the state where the Employer's principal place of business is located, without regard to conflicts of law principles. Any dispute arising under this Agreement shall be resolved as provided herein.

Entire Agreement

This Agreement, including the attached Workplace ADA Policy and any written exhibits, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, representations, and understandings, whether written or oral. Any amendment to this Agreement must be in writing and signed by authorized representatives of both parties.

Miscellaneous Provisions

If any provision of this Agreement is held invalid or unenforceable, such provision shall be severed and the remaining provisions shall remain in full force and effect. Neither party may assign this Agreement without the prior written consent of the other, except that the Employer may assign this Agreement to an affiliate or successor in interest without such consent upon notice.

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