The Americans With Disabilities Act in the Workplace

The Americans with Disabilities Act (ADA) protects people with disabilities against discrimination in employment, public accommodations, and public services.

Employers generally must offer reasonable accommodations to disabled workers so they can perform essential job functions. Workers experiencing discrimination or retaliation can file a complaint with the U.S. Equal Employment Opportunity Commission (EEOC) or a lawsuit against their employer for disability discrimination.

Some states have stronger legal protections for disabled workers. To find out about your legal protections, contact a local employment law attorney.

Overview of the Americans With Disabilities Act (ADA)

The Americans with Disabilities Act of 1990 (ADA) and later amendments are civil rights laws that prohibit discrimination against people with disabilities.

Title I of the ADA prohibits disability discrimination in employment. It requires employers to provide reasonable accommodations to workers with disabilities so they can perform essential functions of the job. The ADA covers private employers with 15 or more employees, state and local governments, employment agencies, and labor organizations.

The ADA also applies to areas of life beyond employment, including:

• State and local government services (Title II)
• Public accommodations (Title III)
• Telecommunications (Title IV)

What Is a Disability Under the ADA?

The ADA’s definition of disability is any physical or mental impairment that substantially limits one or more major life activities. Major life activities can include walking, standing, seeing, hearing, cognitive functions, lifting, and major body functions.

Disability protections also apply to people with a record or history of qualifying impairments, including:

• Bipolar disorder
• Schizophrenia
• Dementia
• Impaired eyesight
• Cancer
• Diabetes

Disability protections also apply to perceived disability — if, for example, an employer doesn’t hire a job applicant because they think they have a disability.

Some pregnancy-related conditions qualify as a disability under the ADA, including gestational diabetes, anemia, or depression. There are other federal and state laws prohibiting discrimination against workers based on pregnancy.

State Disability Protections

Some states have legal protections for disabled individuals that go beyond federal law. For example, states may cover impairments not covered by the ADA. State disability laws may also extend protections to employers with fewer than 15 employees.

When there are both state and federal employment discrimination laws, the stronger protections apply. Check with your local civil rights agency to determine if your state has stronger legal protections for disabled individuals.

Employer Responsibilities Under the ADA

Title I of the ADA applies to employment policies. It requires that qualified individuals with a disability get equal access to job opportunities and privileges of employment. A qualified individual means someone who can perform the essential functions of the job, with or without a reasonable accommodation.

The ADA covers all aspects of employment, including the job application process, job offers, training, advancement, terminations, and layoffs. Unlawful discrimination includes:

• Refusing to hire
• Demotions
• Lower pay
• Denied promotions
• Harassment
• Hostile work environment

Asking About Disabilities

Employers cannot ask applicants if they are disabled or about the severity of their disability. Employers cannot require a medical examination before they make an offer of employment. However, employers can ask an applicant if they can perform all job-related functions and duties. Employers can ask how the applicant will perform the job duties, with or without an accommodation.

Generally, employers can only require a medical exam after making a job offer if other workers also have to undergo a medical exam. Medical exams must generally relate to and be necessary for the business.

Reasonable Accommodations in the Workplace

Reasonable accommodations differ based on the person’s disability and the job requirements. Examples of reasonable accommodations include:

• Job restructuring
• Modified job duties
• Bringing a service animal
• Work schedule changes
• Access to interpreters
• Modified job application process
• Modifications to learning materials
• Access to teletypewriters (TTYs) for people with hearing or speech disabilities

Employers are only required to offer reasonable accommodations for known disabilities. If you have a disability and need an accommodation, you should communicate that need so your employer knows. You can work with your supervisor, reasonable accommodation coordinator, or human resources representative to identify a solution.

A business does not have to provide a reasonable accommodation if it would involve an undue hardship. An undue hardship would create significant expense or difficulty for the employer. Determining whether an accommodation creates an undue hardship depends on several factors such as the size and nature of the company and how the accommodation would affect business or expenses. Undue hardship exemptions are generally decided on a case-by-case basis.

Identifying Disability Discrimination

Not all employment discrimination is out in the open. Disabled workers can take legal action even when the discrimination is not obvious. Signs of possible disability discrimination may include:

• Sudden change in a job performance review
• Lack of inclusion in meetings and events
• Change in job duties
• Reduced hours
• Different treatment of workers with disabilities
• Failure to respond to complaints about disability harassment

Retaliation Claims for Reporting Disability Discrimination

The ADA also prohibits employers from retaliating against workers for reporting disability discrimination. If you report disability discrimination, your employer cannot punish you for reporting violations. Employers cannot retaliate against workers for helping with EEOC investigations or government inquiries.

How to Address ADA Violations

The U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ) enforce violations of the ADA.

For employment discrimination, you can file an EEOC complaint online, by phone, in person, or by mail. You can also file a complaint with your local state agency. Generally, you have 180 days from the date of discrimination to file a charge with the EEOC. However, if your state has similar laws, the deadline extends to 300 days from the date of discrimination. Some states give you additional time to file a disability complaint under state law.

When you file an EEOC charge, you must provide contact information and a description of what occurred. Describe the discriminatory actions, when the discrimination occurred, and why you think the action was on the basis of disability. The EEOC will investigate your charge to identify possible disability discrimination.

The EEOC uses a conciliation process to try and resolve the dispute with the employer. This can involve restoring your position, offering another accommodation, or compensation. If the EEOC cannot resolve your complaint, they can take legal action against the employer for disability discrimination.

Legal Help for Disabled Employees

If the EEOC does not find discrimination, they will issue a notice of right to sue, letting you file a lawsuit against your employer. Some states allow you to file a disability discrimination lawsuit against the employer without waiting for the EEOC to resolve the charge. Check with a local employment law attorney to find out about your disability rights and how to file a discrimination lawsuit.

In a disability discrimination lawsuit, you can seek all available legal remedies. Legal remedies can include financial compensation and equitable remedies such as rehiring, restored benefits, promotions, or mandatory disability rights training. The court may also grant attorney’s fees and court costs.

Most disability discrimination cases end with a settlement. A settlement is an agreement to take a certain amount of money to drop your legal claims against the employer. A settlement can make sure you get a guaranteed payout without going through the stress, time, and expense of trial.

Find Legal Help

Many employee rights lawyers take disability discrimination cases on a contingency basis, meaning you won’t have to pay legal fees unless your attorney wins the case and recovers compensation. for legal advice and assistance, contact an experienced employment law attorney.