Questions and Answers for Mediation Providers: Mediation and the Americans with Disabilities Act (ADA)

摘要

More than ever, employers and employees are turning to mediation and other forms of Alternative Dispute Resolution (ADR) to resolve equal employment opportunity (EEO) disputes. While the proliferation of public and private sector ADR programs has been a boon for employers and employees alike, many mediators have sought guidance on how to ensure that the mediation process is accessible to participants with disabilities. Mediators also have raised questions about special considerations that may arise when mediating employment cases alleging discrimination under the Americans with Disabilities Act (ADA) or the Rehabilitation Act of 1973 (Rehabilitation Act). There are two basic ways that disability issues may arise in mediation concerning EEO disputes. First, the dispute itself may raise a claim under Titles I or II of the ADA or Section 501 of the Rehabilitation Act, such as allegations of disparate treatment based on disability, denial of reasonable accommodation, improper disability-related inquiries and medical examinations, or breach of medical confidentiality. Second, in some cases presented for mediation - whether or not the case arises under the ADA or Rehabilitation Act - parties or their representatives may request a reasonable accommodation for the mediation process itself. This technical assistance document addresses frequently asked questions regarding the ADA and mediation.