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Maine ADA

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I’ve heard that under federal and Maine law, employers must make “reasonable accommodations” for disabled employees. What does that mean?

In the state of Maine, the Americans with Disabilities Act (ADA) is the prevailing federal law regarding the issue of workers with disabilities. Not only does this law apply in Maine, it applies throughout the United States. Under the ADA, employers have to make reasonable accommodations for employees with disabilities. Of course, what might constitute a reasonable accommodation for one employer or job might not constitute a reasonable accommodation for another.

There are lots of organizations that have salespeople who drive their personal vehicles to keep appointments with clients. Those salespeople get reimbursed for their mileage.

For an employee suffering from epilepsy, driving a car might not be an option. In such a situation, it would be a reasonable accommodation to allow that worker to take taxis or buses to his or her sales appointments, and for that individual to get reimbursed for those expenses.

While it is true that those particular expenses would likely cost more than mileage compensation, it would be a reasonable accommodation according to the law. An employee could not, however, get away with requesting a limousine and personal driver each day, as that would not be considered a reasonable expense.

It is important to note that before the Americans with Disabilities Act was passed into law, no employers were obligated to provide accommodations for the disabled. Both private businesses and government agencies could design barriers that essentially made some public buildings and workplaces impassable for disabled employees.

Even curbs prevented some handicapped individuals from being able to utilize certain facilities. After the ADA was passed in 1990, all renovations to older buildings and all new buildings were required to provide reasonable accommodations for disabled persons. This is why wheelchair ramps are so commonly seen at curbs. The Americans with Disabilities Act simply requires it for the benefit of the disabled. JH