Understanding Your Responsibilities Under the Americans with Disabilities Act (ADA) as an Employer

The Americans with Disabilities Act (ADA) is a federal law that makes it unlawful to discriminate in employment against a qualified individual with a disability. This resource provides a general overview of the ADA's requirements for employers, focusing on the process for providing reasonable accommodations. This information is for informal guidance and does not constitute legal interpretation.

Who is Protected by the ADA?

Title I of the ADA protects qualified individuals with disabilities from employment discrimination. Under the ADA, a person has a disability if they have a physical or mental impairment that substantially limits a major life activity. The ADA also protects individuals who have a record of such an impairment or are regarded as having such an impairment. Major life activities include, but are not limited to, caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. The impairment must be substantial, meaning it significantly limits a major life activity, as opposed to a minor impairment.

Which Employers are Covered by the ADA?

The ADA covers all employers with 15 or more employees, including state and local government employers.

What is Reasonable Accommodation?

Reasonable accommodation is any change or adjustment to a job or work environment that permits a qualified applicant or employee with a disability to:

• Participate in the job application process.

• Perform the essential functions of a job.

• Enjoy benefits and privileges of employment equal to those enjoyed by employees without disabilities.

Examples of Reasonable Accommodations:

• Making existing facilities accessible and usable.

• Job restructuring.

• Part-time or modified work schedules.

• Acquiring or modifying equipment or devices.

• Changing tests, training materials, or policies.

• Providing qualified readers or interpreters.

• Reassignment to a vacant position.

• Allowing an employee to sit while performing tasks normally done standing.

• Granting extended unpaid leave.

• Offering telecommuting.

• Modifying workplace policies.

The Reasonable Accommodation Process: An Interactive Approach

When an employee (or applicant) requests an accommodation, the employer has an obligation to either provide the accommodation or engage in an interactive process to determine an effective solution. This good faith interaction involves a back-and-forth exchange of information between the employer and the individual with a disability.

Here are the general steps in the interactive process:

1. Employee Requests Accommodation: An employee or applicant needs to let the employer know they need an adjustment or change at work for a reason related to a medical condition. This request does not need to be in writing or use specific language like "ADA" or "reasonable accommodation". Employers are expected to know when the law may apply.

2. Employer Initiates the Interactive Process: Once a request is made, the employer should promptly begin a dialogue with the individual. This involves clarifying what the individual needs and exploring potential accommodations. Failure to initiate this process can lead to ineffective accommodations or improper denials.

3. Assess Whether the Employee Has a Disability Under the ADA: When the disability is not obvious, the employer may ask for reasonable documentation about the nature of the disability and functional limitations as they relate to the job. The employer is entitled to know that the individual has a covered disability and needs the accommodation. Employers should specify what information they are seeking. In most situations, an employer cannot request complete medical records.

4. Determine Possible Accommodations: The employer should discuss potential accommodations with the individual. The individual may have specific suggestions. If the appropriate accommodation is not readily apparent, employers can consult resources like the EEOC, vocational rehabilitation agencies, or the Job Accommodation Network (JAN).

5. Select and Provide Reasonable Accommodation: The employer should identify and provide an accommodation that is effective in meeting the individual's needs and allows them to perform the essential functions of the job or enjoy equal benefits and privileges. Employers should continue the interactive process until a suitable accommodation is found that does not create an undue hardship.

6. Notify the Employee of the Decision: The employer should notify the employee in writing whether the accommodation request is approved or denied. If approved, the notification should include details of the accommodation and the start date. If denied, the notification must specifically explain the reasons for the denial, such as ineffectiveness or undue hardship, and inform the individual of their right to file an EEO complaint.

7. Review and Modify as Needed: The duty to provide reasonable accommodation is ongoing. Accommodations may need to be reviewed and modified if the individual's needs or job requirements change.

Undue Hardship

Employers are not required to provide a reasonable accommodation if it would impose an undue hardship on the operation of their business. Undue hardship means that the accommodation would require significant difficulty or expense. The determination of undue hardship considers factors such as the nature and cost of the accommodation, the overall financial resources of the business, and the impact of the accommodation on the operation of the facility.

Confidentiality of Medical Information

Employers must keep all medical information obtained regarding an applicant or employee's medical condition confidential. This information should be kept in separate medical files. There are limited exceptions to this confidentiality rule, such as informing supervisors and managers about necessary work restrictions and accommodations, informing first aid and safety personnel if the disability might require emergency treatment, and providing relevant information to government officials investigating ADA compliance. The fact that someone is receiving an accommodation is also considered confidential medical information.

Additional Employer Responsibilities

Employers are required to post a notice in an accessible format to applicants and employees describing the provisions of the ADA. The EEOC provides a poster for this purpose.

Resources for Employers

For more specific information and assistance with ADA compliance and reasonable accommodations, employers can contact:

• U.S. Department of Justice ADA Information Line: 1-800-514-0301 (voice) and 1-800-514-0383 (TDD).

• U.S. Equal Employment Opportunity Commission (EEOC): 1-800-669-4000 (voice) / 1-800-669-6820 (TTY). The EEOC website (https://www.eeoc.gov) provides numerous resources and guidance documents.

• Job Accommodation Network (JAN): 1-800-526-7234 (free consultation service to help employers make individualized accommodations).

• Small Business Administration (SBA) works with the Department of Justice to assist small businesses in understanding and complying with the ADA.

By understanding and fulfilling your responsibilities under the ADA, you can create a more inclusive and equitable workplace for individuals with disabilities.