Americans with Disabilities Act (ADA): Employment Guide
Overview
The Americans with Disabilities Act (ADA) of 1990 is landmark civil rights legislation that prohibits discrimination against individuals with disabilities in all areas of public life, including employment.
Who Is Covered?
Employers
- Private employers with 15 or more employees
- State and local governments
- Employment agencies
- Labor organizations
Employees
The ADA protects qualified individuals with disabilities who can perform the essential functions of a job with or without reasonable accommodation.
Key Employment Provisions
1. Non-Discrimination
Employers cannot discriminate in:
- Recruitment and hiring
- Promotions and advancement
- Training opportunities
- Compensation and benefits
- Termination
2. Reasonable Accommodations
Employers must provide reasonable accommodations unless it causes undue hardship. Examples include:
- Modified work schedules
- Accessible workspaces
- Assistive technology
- Job restructuring
- Leave for medical treatment
3. The Interactive Process
When an employee requests accommodation:
- Acknowledge the request promptly
- Engage in good-faith dialogue
- Explore possible accommodations
- Implement effective solutions
- Document the process
Compliance Checklist
- Review job descriptions for essential functions
- Train HR staff on ADA requirements
- Establish accommodation request procedures
- Ensure accessible application processes
- Document all accommodation decisions
Resources
- EEOC ADA Resources: eeoc.gov/ada
- Job Accommodation Network: askjan.org
- ADA National Network: adata.org
Penalties for Non-Compliance
- Compensatory damages up to $300,000
- Punitive damages
- Back pay and front pay
- Attorney fees and court costs