Guide to the Americans with Disabilities Act for Employees & Employers
The Americans with Disabilities Act (ADA) is a critical piece of legislation designed to ensure equal opportunities for individuals with disabilities in all areas of public life, including employment. Walcheske & Luzi and our team of leading employment lawyers, is dedicated to helping employees and employers understand employment disability rights and responsibilities under the law. We’ve put together a comprehensive guide to the ADA and its impact on the workplace, as well as key legal concepts everyone should know.
What is the ADA?
The ADA, enacted in 1990, is a federal law that prohibits discrimination against individuals with disabilities. It applies to employers with 15 or more employees and covers various aspects of employment, including hiring, firing, promotions, training, and workplace accommodations.
Who is Protected Under the ADA?
The ADA protects individuals with disabilities. These individuals are defined as those who have a physical or mental impairment that substantially limits one or more major life activities. In 2008, the ADA Amendments Acts (ADAAA) was passed which broadened the definition of a disability. The law also extends protections to individuals with a history of such impairments and those who are perceived as having a disability, even if they do not have one.
Employer Responsibilities Under the ADA
Employers covered by the ADA have several obligations. They must provide reasonable accommodations to enable employees with disabilities to perform their job duties, unless doing so would cause undue hardship. Additionally, employers cannot discriminate in hiring, job assignments, promotions, training, pay, or termination based on a disability. When an employee requests an accommodation, the employer is required to engage in an interactive process to discuss possible solutions in good faith.
What Are Reasonable Accommodations?
Reasonable accommodations can vary depending on the individual’s needs and the nature of the job. These accommodations may include:
- Modifying work schedules or allowing remote work
- Providing assistive technology or adaptive equipment
- Adjusting workspaces to enhance accessibility
- Offering alternative communication methods for employees with sensory impairments.
What is Considered Undue Hardship?
An undue hardship refers to a significant difficulty or expense for the employer. Several factors determine whether an accommodation qualifies as an undue hardship, including:
- Size of the business
- Cost of the accommodation
- Overall financial resources of the company.
Employers are expected to explore all feasible options before denying an accommodation request. If you are an employer seeking legal guidance on reasonable accomodations law, Walcheske & Luzi can help you navigate compliance.
Employee’s Rights Under the ADA
Employees have the right to request reasonable accommodations without fear of retaliation and are entitled to work in an environment free from disability-based discrimination. When a violation of rights occurs, an employee can file a complaint with the Equal Employment Opportunity Commission (EEOC) to seek legal recourse. If you are an employee and are wondering if you experienced retaliation or discrimination, read our Discrimination FAQ page or connect with our experienced team of attorneys.
Need Legal Help with the ADA?
Navigating ADA compliance can be complex for both employers and employees. Whether you need assistance with an accommodation request, believe you have faced discrimination, or want to ensure your business complies with the Americans with Disabilities Act, our experienced attorneys are here to help.
For personalized guidance on your ADA rights or responsibilities, reach out to Walcheske & Luzi for a consultation.