Americans with Disabilities Act

This reference provides general information about the Americans with Disabilities Act.  It is not intended to provide legal or medical advice. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult an attorney and your medical provider for their advice. No attorney-client or confidential relationship exists or will be formed between us. 

What is the Americans with Disability Act (ADA)?

The ADA is a federal civil rights law that was passed in 1990 and went into effect beginning in 1992. Its purpose is to protect people with disabilities from discrimination in employment, in the programs and activities offered by state and local governments, and in accessing the goods and services offered in places like stores, hotels, restaurants and doctors’ offices.  The ADA was amended in 2008 by the Disabilities Act Amendments Act of 2008 (ADAAA).

Who must comply with the ADA?

Only “covered entities” must comply with Title I of the ADA. “Covered entities” include employers with 15 or more employees, employment agencies, labor organizations, and joint labor-management committees.

Who is protected by the ADA?

The ADA protects “qualified employees with disabilities.”  The term “qualified” means that the individual satisfies the skill, experience, education, and other job-related requirements of the position held, and they can perform the essential job functions of the position, with or without reasonable accommodation.

The term “disability” means: (1) a person who has a physical or mental impairment that substantially limits one or more major life activities, (2) a person with a record of a physical or mental impairment that substantially limits one or more major life activities, and (3) a person who is regarded as having a physical or mental impairment that substantially limits one or more major life activities.  In 2008, the ADA Amendments Act (ADAAA) modified the interpretation of the definition of disability.

The term “essential job functions” mean the fundamental job duties of the employment position that the individual with a disability holds or desires. The term essential functions does not include marginal functions of the position.

What are essential functions?  Essential functions are the basic job duties.

ADA Regulations provide that employers should consider the following items when determining whether a job function is essential:

• The employer’s judgment about which functions are essential;
• Job descriptions that were written before a job was posted;
• The amount of time spent performing the function;
• The consequences of not requiring the person to perform the function;
• The terms of a collective bargaining agreement; and
• The work experience of others who have had, or currently hold, the same or similar positions.

What is a reasonable accommodation?

A reasonable accommodation is a modification or adjustment to a job, the work environment, or the way things usually are done that enables a qualified individual with a disability to enjoy an equal employment opportunity. An equal employment opportunity means an opportunity to attain the same level of performance or to enjoy equal benefits and privileges of employment as are available to an average similarly-situated employee without a disability. Examples of reasonable accommodations include allowing part-time or modified work schedules; acquiring or modifying equipment; changing tests, training materials, or policies; and reassignment to a vacant position.

What is an undue hardship?

Employers do not have to provide a reasonable accommodation if it causes an undue hardship.  An undue hardship could be a significant difficulty or expense to make an accommodation.

Who is responsible for arranging reasonable accommodations?

Both the individual with a disability and the employer are responsible for arranging reasonable accommodations.

What does a person need to tell an employer about his or her disability? 

A person does not have to tell their employer anything about their disability unless that disability interferes with their ability to perform the essential functions of the job and they are seeking a reasonable accommodation as a solution.  When a person seeks a reasonable accommodation, that person should engage in a conversation with the employer about their disability and potential reasonable accommodations.

The ADA permits an employer to request medical documentation before providing a person with a disability with a reasonable accommodation.

Can an employer ask employees to undergo a medical examination?

An employer can request medical certification and a medical examination if the requests are job-related and consistent with a business necessity.  Employers may request a medical certification or conduct a medical examination where there is evidence of a job performance or safety problem; it is required by other Federal laws or to determine current fitness to perform a particular job.

When is an employer required to make a reasonable accommodation for an employee?

An employer is only required to accommodate a “known” disability of a qualified employee.  The requirement generally will be prompted by a request from an individual with a disability, who frequently will be able to suggest an appropriate accommodation. Accommodations must be made on an individual basis, because the nature and extent of a disabling condition and the requirements of a job will vary in each case. If the individual does not request an accommodation, the employer is not obligated to provide one except where an individual’s known disability impairs their ability to know of, or effectively communicate a need for, an accommodation that is obvious to the employer. If a person with a disability requests, but cannot suggest, an appropriate accommodation, the employer and the individual should work together to identify one.

What are the limitations on the obligation to make a reasonable accommodation?

The individual with a disability requiring the accommodation must be otherwise qualified, and the disability must be known to the employer. In addition, an employer is not required to make an accommodation if it would impose an “undue hardship” on the operation of the employer’s business. These factors include the nature and cost of the accommodation in relation to the size, resources, nature, and structure of the employer’s operation. Undue hardship is determined on a case-by-case basis.

Can an employer consider health and safety when deciding whether to retain an employee with a disability?

Yes. The ADA permits employers to establish qualification standards that will exclude individuals who pose a direct threat.  However, an employer may not simply assume that a threat exists; the employer must establish through objective, medically supportable methods that there is significant risk that substantial harm could occur in the workplace.  By requiring employers to make individualized judgments based on reliable medical or other objective evidence rather than on generalizations, ignorance, fear, patronizing attitudes, or stereotypes, the ADA recognizes the need to balance the interests of people with disabilities against the legitimate interests of employers in maintaining a safe workplace.

ADA Policy  for Employees and Job Applicants

Paper Form for Employee and Provider