Human Resource Blog

ADA in Indiana

	Attendance Management
Vacation Request / Response Form Weekly Time Sheets Attendance Calendar for 2008, 2009, or 2010 Annual Attendance Tracker Vacation Request Form for 2008, 2009, 2010 (Calendar) Detailed Absence Report

	Compensation
Employee Payroll Action Form W-4 Employee Withholding Allowance Cert. Employee Payroll Status/Change Form Direct Deposit Form Total Compensation Summary

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Employee Warning Notice Employee Counseling Report Performance Improvement Plan Forklift Safety Kit

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Complete Business Forms Kit CD Form I-9 Employment Eligibility Verification Employment Application Long Form Substance Testing Consent Form Pre-Employment Reference and Background Check Employment Offer/Acknowledgment Receipt of Employee Handbook New Hire Survey

	HR Management
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What should employers in Indiana know about the ADA?

Employers in Indiana should be aware of the terms of the Americans with Disabilities Act. The ADA is a federal Act that applies to employers and employees in states across the country, including employers and employees in Indiana. However, the Act does not apply to all employers or employees.

In order for an employer to be covered by the Act, the employer needs to have at least 15 employees working for him or her. The employer then is prohibited from discriminating against employees or job applicants that have a disability.

An employee is covered by the Act if the employee has a disability and works for a company or is applying for a job with a company that is covered. A variety of disabilities are covered under the Act, including physical and mental disabilities. A physical disability that is covered could be a missing limb or a visual impairment. A mental disability is often an addiction or depression.

When an employee has a disability that impairs his or her ability to function normally, the employee should have some sort of record for having the disability in order to qualify to receive coverage. Once the disability is established, the employer must not only avoid discriminating against the employee for reasons that are directly related to the disability, but the employer also must make reasonable accommodations for the disability.

A reasonable accommodation for a person with a disability might be providing the worker with a lower desk if the worker is in a wheelchair and needs a lower work station. However, the employer cannot take this additional cost into account during any time that the employer is making an employment-related decision.

Also, according to the Act, employers may not take the disability into account during any time that the employer is making a personnel-related decision, such as a decision about hiring, promotion, training, compensation, or termination. In the event that the employee feels he or she has been discriminated against, the employer must provide justification for the decision that he or she made. CB