The Americans with Disabilities Act (ADA)

The Americans with Disabilities Act (ADA) protects qualified individuals with disabilities from workplace discrimination. A qualified individual is an applicant or employee who has the education, skills, and experience needed to perform the essential functions of a job. The term disability is defined broadly and includes physical or mental impairments that significantly affect major life activities.

Disability discrimination can take two primary forms: disparate or unfair treatment, and the failure to provide a reasonable accommodation so that an employee or prospective employee can succeed at the job. Under the ADA, discrimination is prohibited not only against individuals who are currently disabled but also against those who have a history of a disability or are perceived as disabled, even if they are not. This means that employers cannot take employment actions—whether hiring, firing, or otherwise—based on an employee's disability status, their past disability, or a mistaken belief that they are disabled. These protections also extend to people who are discriminated against because of their relationship or association with a person who has a disability. 

Unfair Treatment: 

Unfair treatment can take many forms under the ADA.  The three most common are:

  • Disparate treatment discrimination occurs when an employer treats a disabled employee or applicant less favorably than non-disabled individuals because of their disability. The ADA also prohibits employers from limiting, segregating, or classifying a job applicant or employee on the basis of a disability in a way that negatively impacts their opportunities or status.

  • Disparate impact discrimination discrimination occurs when an employer applies employment tests, standards, or selection criteria that – whether intentionally or unintentionally – exclude qualified individuals with a disability at a disproportionately high rate. These tests, standards, or criteria are only permissible if the employer can demonstrate that they are job related and consistent with a business necessity.

  • Disability-based harassment occurs when an employee is subjected to hostile, offensive, or intimidating comments or conduct because of their disability. Disability harassment can include offensive jokes or remarks, demeaning gestures, unwarranted criticism, unwelcome remarks about a person's need for a workplace change, and physical harassment. The harassment must be sufficiently severe or frequent to alter the conditions of the person’s employment and create a hostile working environment.  

Failure to Accommodate

In addition to protecting against discriminatory actions, the ADA ensures that individuals with disabilities are given equal opportunities in the workplace by requiring employers to make reasonable accommodations. A qualified individual with a disability is entitled to an accommodation if they can perform the essential functions of their job, with or without a reasonable adjustment. An employer is obligated to provide an accommodation unless it would cause undue hardship to the organization.

The process for requesting an accommodation is straightforward: employees can initiate the request by simply speaking with their supervisor, manager, or HR department. This should kick off an interactive process, during which the employer and employee discuss possible accommodations. The employee may be asked to provide more information if necessary to clarify their needs. Employees do not need to use specific legal terms or mention the ADA when requesting an accommodation. However, they must provide enough information for the employer to recognize that the request relates to a physical or mental impairment.

Examples of reasonable accommodations include modifications to an employee’s equipment or workspace (such as adjusted furniture or lighting), assistive devices (such as Braille readers or lifting aids), flexibility in work schedules or locations, medical leave during periods of incapacity, specialized training or application processes, and exceptions to neutral policies (such as those governing telecommuting, leaves of absence, part-time work, or eating on the job). An employee may also request a transfer to an equivalent open position where they can successfully perform their job duties.

Damages and Remedies

Under the ADA, employees who prevail in discrimination cases may be entitled to back pay, front pay, compensatory damages for emotional distress, and punitive damages. Successful plaintiffs can also recover attorneys’ fees and costs. These damages can be significant, particularly when discrimination has been ongoing.

Important Note About State and Local LaW

State and local ADA employment laws can be broader than the federal ADA in several ways, including broader definitions of disability, applying to smaller employers, extended protections for service animals, and potentially higher damage awards.

proving your case:

Knowing your rights and gathering evidence. Learn More

Anti-Retaliation Protections:

Reporting violations without fear. The law protects you. Learn More

independent contractors:

Employee or Contractor? Misclassification Matters. Learn More