Page 82 - An Indispensible Resource for Being a Credible Activist

SAMPLE MEMO CONCERNING COMPLIANCE WITH
THE AMERICANS WITH DISABILITIES ACT

On letterhead, in interoffice memo format, or via e-mail

CONFIDENTIAL
To: Your Supervisor
(Include any others on this list to whom this memo should be addressed.)
From: Your Name

Date:
Re.: Concerns about (Company)’s Compliance with the Americans with Disabilities Act
(ADA) and ADAAA
I am compelled to express concern about how we at (Company) handle issues related to
the Americans with Disabilities Act (ADA) and ADAAA.
As you know, the ADA was recently changed and made more robust. I am concerned
about how the recent situation with (employee’s name) is being handled. Unless I am
unaware of additional information or documentation related to this matter, I recommend
that we revisit this situation and seek technical ADA assistance to ensure that we at
(Company) have not made any errors in violation of the ADA/ADAAA.
If we learn that any errors were made, I recommend that we remediate those as soon as
possible. Moving forward, I recommend that we consider implementing a decision-mak-
ing protocol that will include technical assistance consultation from no-cost government
or SHRM resources to prevent errors in the future. Additionally, I recommend that all per-
sons involved in ADA decisions, contributing to job descriptions, and involved in inter-
viewing and hiring decisions attend formal training on ADA/ADAAA compliance issues. I
will follow this memo up with a list of quality upcoming available trainings in our area or
via webinar.
We share a collective responsibility to ensure (Company)’s compliance with ADA and
ADAAA. I know we share a commitment to prevent liability exposure for (Company) as
well as personal liability exposure.

The resources below are free and available to us to use at any time. My membership in
SHRM provides free information, white papers, case-law information, and research capa-
bilities along with toolkits for how to best handle the ADA and related issues. I recom-
mend that we use these resources in the future to ensure legally compliant
decision-making processes related to ADA/ADAAA issues.

http://www.ada.gov/ http://www.shrm.org
http://www.jan.wvu.edu/media/ http://www.workplacefairness.org/
accessibilityfact.doc resources

CHAPTER 4 • Legal Issues for Credible Activists 65