Americans with Disabilities Act (ADA)
Definition
A federal civil rights law prohibiting discrimination based on disability in employment and other areas of public life.
What is the ADA?
The Americans with Disabilities Act (ADA) is a U.S. law enacted in 1990 that protects individuals with disabilities from discrimination in employment, public services, transportation, and more. Title I of the ADA specifically governs employment and applies to private employers with 15 or more employees.
It requires employers to provide equal employment opportunities and make reasonable accommodations for qualified individuals with disabilities.
Why is the ADA Important for Employers?
Non-compliance with the ADA can lead to lawsuits, fines, and reputational damage. Employers covered by the ADA must:
- Avoid discriminatory hiring, firing, or promotion practices
- Engage in the interactive process to determine reasonable accommodations
- Maintain accessibility in facilities and job functions
Keep medical information confidential and separate from personnel files
What is a Reasonable Accommodation?
A change to the work environment or job process that allows an individual with a disability to perform essential functions of their role. Examples include:
- Modified work schedules
- Adjusted equipment or technology
- Physical workspace changes
- Leave as an accommodation
Accommodations are not required if they would impose an undue hardship on the business.
FAQs
Does the ADA require hiring someone with a disability?
No, but it does require fair consideration and non-discriminatory treatment during the hiring process.
Can I ask about disabilities during an interview?
No. You may only ask whether the candidate can perform essential job duties with or without accommodation.
What if an employee refuses an offered accommodation?
Employers are protected as long as they engaged in the process and offered a reasonable solution.
How ExtensisHR Can Help
We support ADA compliance by helping employers:
- Establish a compliant accommodation process
- Train managers to recognize and respond appropriately to applicable situations
- Document interactive discussions and accommodations
- Maintain required records confidentially
- Align policies with ADA, FMLA, and state disability laws