Quick Reference Guide To The Americans With Disabilities Act Of 1990 (ADA)

By Christopher Farrell | October 28, 2013

The Americans with Disabilities Act of 1990 (ADA) makes it illegal for employers to discriminate against an eligible employee with a disability.  The U.S. Equal Employment Opportunity Commission (EEOC) enforces the ADA which also covers disability discrimination in arenas besides the workplace, such as telecommunications, transportation, public accommodations, and government offices.

The ADA is a federal law and only applies to employers with 15 or more employees.  However, if the employer has fewer than 15 employees there may be similar state or local anti-discrimination laws.  Check with your state-level Human Relations Commission to find out more.

To be protected under ADA, the eligible employee must have a record of or be regarded as having a substantial impairment.  A substantial impairment is one that significantly limits or restricts a major life activity like driving, feeding or dressing yourself, and sleeping, to name a few.

If you are treated as if you had a disability and are discriminated against because of it, even if you don’t actually have the disability your employer thinks you do, you are also protected under ADA.

The qualified employee must also be able to do the essential functions of the job, with or without reasonable accommodation, to be protected by the ADA.  Your education, experience or talent needed to do the job well remain valid criteria for hiring, firing and promotions, no matter what your ADA status is.

The ADA protects eligible employees from discrimination in any employment practice or from retaliation for asserting your ADA rights, such as:

  • Hiring
  • Firing
  • Layoff
  • Leave time
  • Pay and wages
  • Benefits
  • Job assignments and tasks
  • Promotion
  • Recruitment
  • Training opportunities

The ADA requires employers to make reasonable accommodations to allow persons with disabilities to perform their job.  A reasonable accommodation for an ADA-eligible employee could include part-time work or modified schedules.  Your employer cannot discriminate against you for working less or different hours because you need time to deal with your disability.

As long as your work and productivity are up to company standards and the accommodation does not cause “undue hardship” or significant difficulty or expense to the business, your employer cannot use absenteeism or tardiness as a reason to fire or discipline you, deny you a promotion or refuse to hire you.  However, your employer is not required to lower quality or production standards to make a reasonable accommodation for you.

Other reasonable accommodations may include:

  • providing or modifying equipment or devices
  • job restructuring
  • reassignment to a vacant position
  • adjusting or modifying exams, training materials or policies
  • providing readers and interpreters
  • making the workplace readily accessible to and usable by people with disabilities

For more information about what the ADA does and does not cover, visit the EEOC’s ADA link for employees.

You have a right to work in an environment free of discrimination based on your disability and other bases under the law.  If you are concerned about your rights under ADA or your employer’s practices related to the ADA, Henrichsen Siegel can help.  We represent clients in Washington, DC, Maryland, Virginia, Florida and Georgia.

Protect your rights.

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