ADA: Americans with Disabilities Act

Quick Guide to the Americans with Disabilities Act

The Americans with Disabilities Act (ADA) is a federal law that provides individuals with disabilities protection against discrimination. Title I of the ADA provides protections in the workplace for individuals with disabilities. The ADA also provides some employees with the additional benefit of Reasonable Accommodations.

Employers covered by Title I of the Americans with Disabilities Act

  • Private employers, with 15 or more employees
  • Employment agencies, labor organizations, and joint labor-management committees
  • State and local governments of any size
  • Employees of the federal legislative branch (e.g., employees of the Senate, House of Representatives, and agencies that support Congress)
    • Note: Employees of the federal executive branch (e.g., U.S. Post Office, agencies, etc.) are covered by the Rehabilitation Act of 1973 (similar to ADA)
  • Religious organizations

Employers not covered by Title I of the ADA

  • Indian tribes (ADA adopted the same definition of employer as Title VII of the Civil Rights Act of 1964, which specifically exempts Indian tribes)
  • Some private membership clubs

Employees eligible for protection under the ADA

  • Are a “qualified individual” (i.e., they can perform the essential functions of the job, with or without reasonable accommodations), and
  • Have a disability under the ADA’s definition

What is a disability under the ADA?

What is a major life activity under the ADA?

  • Activities that an average person can perform with little or no difficulty. For example:
    • walking
    • seeing
    • speaking
    • hearing
    • breathing
    • learning
    • caring for oneself
    • working
    • concentrating
    • sleeping
    • operation of major bodily functions

More information about major life activities

How does one use the Americans with Disabilities Act?

  • Currently have a disability
  • Have a history of having a disability
  • Be regarded as having a disability
  • Based on an association with a person with a disability (i.e., a caregiver)

What is someone entitled to if eligible for the ADA’s protections?

  • Protection from discrimination
  • Reasonable Accommodations, only if
    • Someone currently has a disability, or
    • Someone that has a history of a disability

What are Reasonable Accommodations?

“An accommodation is any change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities”

Examples

  • Modifying work schedule (e.g., flex time, telecommuting)
  • Modifying work space (e.g., moving offices, new chair)
  • Using technology (e.g., alarm, smartphone)
  • Change in policy (e.g., allowing more breaks)
  • Shifting non-essential job duties to other employees
  • Moving to a vacant position, if one is available

When does the ADA apply?

During all phases of employment, including:

  • recruitment
  • pay and benefits
  • hiring and firing
  • promotions
  • job assignments
  • training
  • leave
  • lay-off
  • all other employment-related activities

Do employers have to provide reasonable accommodations to eligible employees?

Yes, unless they can show it would be an undue hardship.

Last updated: 1/2022

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