Who is protected by the ada

This title prohibits private places of public accommodation from discriminating against individuals with disabilities. This title sets the minimum standards for accessibility for alterations and new construction of facilities. It also requires public accommodations to remove barriers in existing buildings where it is easy to do so without much difficulty or expense. This title directs businesses to make "reasonable modifications" to their usual ways of doing things when serving people with disabilities.

It also requires that they take steps necessary to communicate effectively with customers with vision, hearing, and speech disabilities. This title requires telephone and Internet companies to provide a nationwide system of interstate and intrastate telecommunications relay services that allows individuals with hearing and speech disabilities to communicate over the telephone. This title also requires closed captioning of federally funded public service announcements.

This title is regulated by the Federal Communication Commission. This title also provides a list of certain conditions that are not to be considered as disabilities. Skip to main content. Two agencies within the U. Department of Labor enforce parts of the ADA. FAQ Contact Us. Breadcrumb Home Disability Resources.

Americans with Disabilities Act. Department of Labor, several other federal agencies have a role in enforcing, or investigating claims involving, the ADA: The U.

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 a person with a disability requests, but cannot suggest, an appropriate accommodation, the employer and the individual should work together to identify one.

There are also many public and private resources that can provide assistance without cost. 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. Where the facility making the accommodation is part of a larger entity, the structure and overall resources of the larger organization would be considered, as well as the financial and administrative relationship of the facility to the larger organization. In general, a larger employer with greater resources would be expected to make accommodations requiring greater effort or expense than would be required of a smaller employer with fewer resources.

If a particular accommodation would be an undue hardship, the employer must try to identify another accommodation that will not pose such a hardship. Also, if the cost of an accommodation would impose an undue hardship on the employer, the individual with a disability should be given the option of paying that portion of the cost which would constitute an undue hardship or providing the accommodation.

For example, if an employee lounge is located in a place inaccessible to an employee using a wheelchair, the lounge might be modified or relocated, or comparable facilities might be provided in a location that would enable the individual to take a break with co-workers.

The employer must provide such access unless it would cause an undue hardship. Under title I, an employer is not required to make its existing facilities accessible until a particular applicant or employee with a particular disability needs an accommodation, and then the modifications should meet that individual's specific medical needs. However, employers should consider initiating changes that will provide general accessibility, particularly for job applicants, since it is likely that people with disabilities will be applying for jobs.

The employer does not have to make changes to provide access in places or facilities that will not be used by that individual for employment-related activities or benefits. An employer is not required to reallocate essential functions of a job as a reasonable accommodation.

Accommodations may be needed to assure that tests or examinations measure the actual ability of an individual to perform job functions rather than reflect limitations caused by the disability. Tests should be given to people who have sensory, speaking, or manual impairments in a format that does not require the use of the impaired skill, unless it is a job-related skill that the test is designed to measure.

If the ability to perform marginal functions is affected by the disability, the employer must provide some type of reasonable accommodation such as job restructuring but may not exclude an individual with a disability who is satisfactorily performing a job's essential functions.

An employer can establish attendance and leave policies that are uniformly applied to all employees, regardless of disability, but may not refuse leave needed by an employee with a disability if other employees get such leave.

An employer also may be required to make adjustments in leave policy as a reasonable accommodation. The employer is not obligated to provide additional paid leave, but accommodations may include leave flexibility and unpaid leave. However, if an individual with a disability requests a modification of such a policy as a reasonable accommodation, an employer may be required to provide it, unless it would impose an undue hardship.

The ADA permits employers to establish qualification standards that will exclude individuals who pose a direct threat — i. 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.

Individuals who currently engage in the illegal use of drugs are specifically excluded from the definition of an individual with a disability protected by the ADA when the employer takes action on the basis of their drug use.

A test for the illegal use of drugs is not considered a medical examination under the ADA; therefore, employers may conduct such testing of applicants or employees and make employment decisions based on the results.

The ADA does not encourage, prohibit, or authorize drug tests. If the results of a drug test reveal the presence of a lawfully prescribed drug or other medical information, such information must be treated as a confidential medical record. While a current illegal user of drugs is not protected by the ADA if an employer acts on the basis of such use, a person who currently uses alcohol is not automatically denied protection. An employer may be required to provide an accommodation to an alcoholic.

However, an employer can discipline, discharge or deny employment to an alcoholic whose use of alcohol adversely affects job performance or conduct. An employer also may prohibit the use of alcohol in the workplace and can require that employees not be under the influence of alcohol.

The ADA does not override health and safety requirements established under other federal laws even if a standard adversely affects the employment of an individual with a disability. If a standard is required by another federal law, an employer must comply with it and does not have to show that the standard is job related and consistent with business necessity.

For example, employers must conform to health and safety requirements of the U. Occupational Safety and Health Administration. However, an employer still has the obligation under the ADA to consider whether there is a reasonable accommodation, consistent with the standards of other federal laws, which will prevent exclusion of individuals with disabilities who can perform jobs without violating the standards of those laws.

If an employer can comply with both the ADA and another federal law, then the employer must do so. The ADA does not override state or local laws designed to protect public health and safety, except where such laws conflict with the ADA requirements. If there is a state or local law that would exclude an individual with a disability from a particular job or profession because of a health or safety risk, the employer still must assess whether a particular individual would pose a "direct threat" to health or safety under the ADA standard.

If such a "direct threat" exists, the employer must consider whether it could be eliminated or reduced below the level of a "direct threat" by reasonable accommodation.

An employer cannot rely on a state or local law that conflicts with ADA requirements as a defense to a charge of discrimination. Only injured workers who meet the ADA's definition of an "individual with a disability" will be considered disabled under the ADA, regardless of whether they satisfy criteria for receiving benefits under workers' compensation or other disability laws.

A worker also must be "qualified" with or without reasonable accommodation to be protected by the ADA. An employer may not inquire into an applicant's workers' compensation history before making a conditional offer of employment.

However, even after a conditional offer has been made, an employer cannot require a potential employee to have a medical examination because a response to a medical inquiry as opposed to results from a medical examination shows a previous on-the-job injury unless all applicants in the same job category are required to have an examination. Also, an employer may not base an employment decision on the speculation that an applicant may cause increased workers' compensation costs in the future.

However, an employer may refuse to hire or may discharge an individual who is not currently able to perform a job without posing a significant risk of substantial harm to the health or safety of the individual or others if the risk cannot be eliminated or reduced by reasonable accommodation. An employer also may submit medical information and records concerning employees and applicants obtained after a conditional job offer to state workers' compensation offices and "second injury" funds without violating ADA confidentiality requirements.

The ADA prohibits discrimination based on relationship or association in order to protect individuals from actions based on unfounded assumptions that their relationship to a person with a disability would affect their job performance, and from actions caused by bias or misinformation concerning certain disabilities. For example, this provision would protect a person whose spouse has a disability from being denied employment because of an employer's unfounded assumption that the applicant would use excessive leave to care for the spouse.

It also would protect an individual who does volunteer work for people with AIDS from a discriminatory employment action motivated by that relationship or association. The employment provisions of the ADA are enforced under the same procedures now applicable to race, color, sex, national origin, and religious discrimination under title VII of the Civil Rights Act of , as amended, and the Civil Rights Act of Complaints may be filed with the Equal Employment Opportunity Commission or designated state human rights agencies.

Available remedies will include hiring, reinstatement, promotion, back pay, front pay, restored benefits, reasonable accommodation, attorneys' fees, expert witness fees, and court costs.

Compensatory and punitive damages also may be available in cases of intentional discrimination or where an employer fails to make a good faith effort to provide a reasonable accommodation. A charge must be filed within calendar days from the date the discrimination took place.

The calendar day filing deadline is extended to calendar days if a state or local agency enforces a law that prohibits employment discrimination on the same basis.

A special tax credit is available to help smaller employers make accommodations required by the ADA. Expenses covered include costs of removing barriers created by steps, narrow doors, inaccessible parking spaces, restroom facilities, and transportation vehicles.

An employer must maintain records such as application forms submitted by applicants and other records related to hiring, requests for reasonable accommodation, promotion, demotion, transfer, lay-off or termination, rates of pay or other terms of compensation, and selection for training or apprenticeship for one year after making the record or taking the action described whichever occurs later.

If a charge of discrimination is filed or an action is brought by EEOC, an employer must save all personnel records related to the charge until final disposition of the charge. It must be made accessible, as needed, to individuals with disabilities. EEOC also provides guidance on making this information available in accessible formats for people with disabilities. The Equal Employment Opportunity Commission has developed numerous resources to help employers and people with disabilities understand and comply with the employment provisions of the ADA.

For information on how to contact the Equal Employment Opportunity Commission, see page The ADA National Network can assist individuals with disabilities by providing ADA information related to employment in the private sector and in state and local governments. The Network can provide training and information on hiring, tax incentives, reasonable accommodations, and other strategies to facilitate compliance, improve employment outcomes, and strengthen employee loyalty.

Title II of the ADA prohibits discrimination against qualified individuals with disabilities in all programs, activities, and services of public entities.

It applies to all state and local governments, their departments and agencies, and any other instrumentalities or special purpose districts of state or local governments. It clarifies the requirements of section of the Rehabilitation Act of , as amended, for public transportation systems that receive federal financial assistance, and extends coverage to all public entities that provide public transportation, whether or not they receive federal financial assistance.

It establishes detailed standards for the operation of public transit systems, including commuter and intercity rail AMTRAK.

A state or local government must eliminate any eligibility criteria for participation in programs, activities, and services that screen out or tend to screen out persons with disabilities, unless it can establish that the requirements are necessary for the provision of the service, program, or activity. The state or local government may, however, adopt legitimate safety requirements necessary for safe operation if they are based on real risks, not on stereotypes or generalizations about individuals with disabilities.

A public entity shall furnish appropriate auxiliary aids and services where necessary to afford qualified individuals with disabilities, including applicants, participants, companions, and members of the public, an equal opportunity to participate in, and enjoy the benefits of, a service, program, or activity of a public entity.

Finally, a public entity must reasonably modify its policies, practices, or procedures to avoid discrimination. If the public entity can demonstrate that a particular modification would fundamentally alter the nature of its service, program, or activity, it is not required to make that modification. Title II prohibits all public entities, regardless of the size of their work force, from discriminating in employment against individuals with disabilities.

In addition to title II's employment coverage, title I of the ADA and section of the Rehabilitation Act of prohibit employment discrimination against individuals with disabilities by certain public entities.

A public entity must ensure that individuals with disabilities are not excluded from services, programs, and activities because existing buildings are inaccessible. A state or local government's programs, when viewed in their entirety, must be readily accessible to and usable by individuals with disabilities.

This standard, known as "program accessibility," applies to facilities of a public entity that existed on January 26, Public entities do not necessarily have to make each of their existing facilities accessible.

They may provide program accessibility by a number of methods including alteration of existing facilities, acquisition or construction of additional facilities, relocation of a service or program to an accessible facility, or provision of services at alternate accessible sites. A self-evaluation is a public entity's assessment of its current policies and practices. The self-evaluation identifies and corrects those policies and practices that are inconsistent with title II's requirements.

For example, a person may have had cancer that is now in remission. Another example is a history of psychiatric disability. A record of a disability could also be false, such as a person who was mistakenly classified as having a learning disability. The third prong is about situations that do not meet either of the first two definitions, but where disability-related discrimination is still taking place.

For example, imagine a person who has a large scar on their face. This scar in no way limits their abilities, but it is considered a disability if it causes discrimination.

When it comes to employment and the ADA, a person must be qualified for the position they hold, or wish to hold, in order for Title I to apply.

Another example is if someone is discriminated against based on an untrue rumor about them being disabled. The ADA also prevents discrimination against people because of their relationship to a person with a disability.

It can also be a friendship or any sort of association.