Employment (ADA Title I)

Title I employment provisions apply to private employers with 15 or more employees, state and local governments, employment agencies, labor unions, agents of the employer, and joint management labor committees. Source: ADA National Network

Employment discrimination is prohibited against individuals with disabilities, including job applicants and current employees. A person is considered to have a disability if they have a physical or mental impairment that substantially limits a major life activity, have a record of such impairment, or are regarded as having one. People discriminated against because they have a known association or relationship with a person with a disability are also protected. Specific conditions that qualify include deafness, blindness, intellectual disability, autism, cancer, cerebral palsy, diabetes, epilepsy, HIV infection, multiple sclerosis, PTSD, major depressive disorder, bipolar disorder, and schizophrenia. Source: ADA National Network

A qualified individual is a person who meets the legitimate skill, experience, education, or other requirements of a job they hold or are seeking, and who can perform the essential functions of the position with or without reasonable accommodation. The key is that a person cannot be considered unqualified simply because they cannot perform marginal or incidental job functions. The focus is on essential functions. Source: ADA National Network

A reasonable accommodation is any modification or adjustment to a job or work environment that enables a qualified applicant or employee with a disability to participate in the application process, perform essential job functions, or enjoy equal employment benefits and privileges. Examples include modifying work schedules, acquiring or modifying equipment, providing qualified readers or interpreters, restructuring a job, or reassigning an employee to a vacant position they are qualified for. Source: ADA National Network

These two terms come from different parts of the ADA. "Reasonable accommodation" is a Title I (employment) term — it refers to changes an employer makes to help an employee with a disability perform their job or participate in the application process. "Reasonable modification" is a Title II and Title III term — it refers to changes that governments and public businesses must make to their policies, practices, or procedures so that people with disabilities have equal access to programs and services. Both concepts share the same purpose but apply in different legal contexts. Source: ADA National Network

An employee simply needs to let their employer know they need an adjustment or change at work for a reason related to a medical condition. You do not need to mention the ADA or use the phrase "reasonable accommodation." Requests do not have to be in writing, though it is often wise to document them. Once a request is made, the employer and employee should engage in an informal, interactive process to identify an appropriate accommodation. The employer may ask for medical documentation to understand the nature of the limitation. Source: ADA National Network

An employer is only required to accommodate a "known" disability. The requirement is generally triggered by a request from the individual. If a person with a disability does not request an accommodation, the employer is not obligated to provide one — unless the disability and the need are obvious. Accommodations must be made on an individual basis because each person's disability and job requirements are different. Source: ADA National Network

An employer is not required to make an accommodation if it would impose an "undue hardship" — defined as an action requiring significant difficulty or expense. This is determined case by case, taking into account the nature and cost of the accommodation relative to the size, resources, and structure of the employer. Larger employers with greater resources are expected to make more expensive accommodations than smaller ones. If a specific accommodation causes undue hardship, the employer must explore whether an alternative accommodation would work. Source: ADA National Network

Essential functions are the basic, fundamental duties of a position. Factors considered in determining whether a function is essential include the employer's judgment, written job descriptions prepared before hiring, the amount of time spent performing the function, and the consequences if the function is not performed. An employer cannot label a function "essential" just to exclude a person with a disability. A job description written before advertising or interviewing for a position is treated as evidence, but not conclusive proof, of what is essential. Source: ADA National Network

Before a job offer: An employer may NOT ask about a disability or require a medical exam. They may ask about ability to perform specific job functions. After a conditional job offer: An employer may require a medical examination or ask disability-related questions, but only if this is required of all entering employees in the same job category. After employment begins: Medical exams or disability inquiries must be job-related and consistent with business necessity. All medical information must be kept in a separate, confidential file — not in the general personnel file. Source: ADA National Network

An employee with a disability who has been granted medical leave under the ADA may return to the same job unless the employer can demonstrate that holding the job open caused undue hardship. If granted leave under the FMLA, the employee has a right to return to the same or a similar job after leave expires. An employer may require a return-to-work certification from a health provider, as long as this requirement applies to all employees in similar positions — not just those with disabilities. Source: ADA National Network

Only injured workers who meet the ADA's definition of disability are protected by the ADA, regardless of whether they receive workers' compensation benefits. Many on-the-job injuries cause temporary impairments that do not substantially limit a major life activity, so they may not be covered by the ADA even if workers' comp applies. Each case must be evaluated individually. Before a conditional offer, an employer may not ask about a worker's compensation history. After a conditional offer, such inquiries are permitted if required of all applicants in the same category. Source: ADA National Network

Yes. Drug tests are not considered medical examinations under the ADA, so employers may conduct drug testing of applicants and employees and make employment decisions based on results. The ADA does not encourage, prohibit, or authorize drug testing. However, if test results reveal a lawfully prescribed drug or other medical information, that information must be treated as confidential. Source: ADA National Network

They may be. Alcohol use disorder is an impairment, and if it substantially limits a major life activity, it can constitute a disability under the ADA. A person with alcohol use disorder may be entitled to reasonable accommodation such as a flexible schedule to attend counseling appointments. However, an employer may discipline, discharge, or deny employment to a person whose use of alcohol adversely affects job performance or conduct. Employers may also prohibit alcohol in the workplace and require that employees not be under the influence while at work. Source: ADA National Network

No. Individuals who currently engage in the illegal use of drugs are specifically excluded from the ADA's protection when an employer takes action based on that use. However, people in recovery who are no longer using drugs, or who have successfully completed a supervised rehabilitation program, are protected. Source: ADA National Network

Yes. Employers can establish attendance and leave policies that apply uniformly to all employees, regardless of disability. However, they may also be required to modify those policies as a reasonable accommodation for an employee with a disability. The employer is not obligated to provide additional paid leave, but adjustments — including unpaid leave — may be required. Source: ADA National Network

No, the ADA does not require written job descriptions. However, a written description prepared before advertising or interviewing for a position is considered evidence of essential functions if the ADA is later challenged. Job descriptions are most useful when they focus on outcomes and results rather than solely on how a task is customarily performed. Source: ADA National Network

No. An employer is free to select the most qualified applicant available and make decisions based on legitimate job-related reasons. The ADA requires equal opportunity, not preferential treatment. For example, if a job requires typing 75 words per minute and an applicant with a disability types 50 words per minute even with accommodation, the employer may hire the more qualified applicant. Source: ADA National Network

The ADA prohibits employment discrimination based on an employee's relationship with a person who has a disability. For example, an employer cannot deny a job to a qualified applicant because they assume the person will miss work to care for a child with a disability. Importantly, this provision does not require the employer to provide reasonable accommodation related to the other person's disability — only to refrain from discriminating based on the association. Source: ADA National Network

Complaints about disability discrimination in the workplace may be filed with the Equal Employment Opportunity Commission (EEOC) or designated state human rights agencies. A charge must be filed within 180 calendar days of the alleged discrimination, or 300 days if a state or local agency enforces similar laws. Available remedies may include hiring, reinstatement, promotion, back pay, restored benefits, reasonable accommodations, and attorney's fees. Compensatory and punitive damages may be available in cases of intentional discrimination. Source: ADA National Network