The most recent federal legislation to affect employers is the Americans With Disabilities Act of 1990. This Act prohibits discrimination in employment, public services, transportation, public accommodations, and telecommunications services against persons with disabilities. Employers must provide employees with disabilities with reasonable accommodations to enable them to perform the essential functions of the job. Examples include modifying work schedules, reassigning job duties, removing architectural barriers, and offering auxiliary aids, interpreters, etc. Relevant to staff training, employers should make reasonable accommodations for the learner with a disability.
Most accommodations are relatively inexpensive.
Examples, include magnifying glasses to aid in reading, taped text for those who are visually impaired, and instructional material with oversized lettering. Another liability concern relates to negligent training. Negligence is generally defined as conduct that falls below the standard of care that is necessary to protect others against exposure to an unreasonable risk of foreseeable injury. Most negligence falls in the unintentional category, such as an intraoperative injury to a patient. Deliberate infliction of emotional distress is an example of intentional negligence.