Understanding the Americans
with Disabilities Act (ADA)
Under the Americans with Disabilities Act (ADA), it is against the law for certain businesses to discriminate against qualified individuals with disabilities. Section 504 of The Rehabilitation Act of 1973 also prohibits discrimination in employment. The Workforce Innovation and Opportunities Act (WIOA) of 2014 forbids discrimination in employment or in provision of services by any organization that receives Federal funding under WIOA. This includes activities and services provided at your local American Job Center.
Your Employment Rights & Responsibilities During:
When it comes to work, you, the worker, have certain rights and responsibilities. There are laws that protect you from discrimination in the workplace. Businesses that have more than 15 employees also have rights and responsibilities. Note: Not all businesses are covered by these laws.
Pre-Employment
Businesses are not required to recruit individuals with disabilities. They may not, however, use recruitment techniques that might screen out potential applicants with disabilities. Learn more about your rights during the application process.
The Interview Process
It is your responsibility to request an accommodation for the interview. If you do not ask, the interviewer will not know that you want one. Learn more about your rights and responsibilities during the interview process.
On the Job
Accommodations are not limited to only your job functions. Your place of business should provide accessible break rooms, cafeterias, and restrooms. Learn more about accommodations in the work place.
Pre-Employment
Job Recruitment and the Application Process
Did you know that under the Americans with Disabilities Act (ADA) …
Businesses are not required to recruit individuals with disabilities.
They may not, however, use recruitment techniques that might screen out potential applicants with disabilities.
Businesses are obligated to make the application process accessible for anyone who wishes to apply.
Large print format, on-line application processes, and assistance in completing the application are all considered reasonable accommodations for the application process.
Employers are not allowed to ask disability-related questions on job applications.
For Affirmative Action purposes only, an employer may ask you to voluntarily disclose if you have a disability. This is okay as long as it is stated that giving the information requested is voluntary and will be kept confidential. Information provided cannot be used against you. More information about disclosure including why, when, and how to disclose.
You can ask for accommodations in order to take tests that are a required part of the application process.
But it is your responsibility to ask for the accommodations prior to taking the tests.
The Interview Process
Reasonable Accommodations
It is your responsibility to request an accommodation for the interview. If you do not ask, the interviewer will not know that you want one. Reasonable accommodations include holding the interview in an accessible location, providing sign language interpreters, or providing a reader for an applicant who is blind. You can request modified testing procedures if testing is a standard part of the interview process, and if it is required of all applicants for that particular position. You should never be asked to pay for an accommodation. The employer pays for accommodations, unless it creates an undue hardship.
Questions employers may and may not ask
Did you know that under the Americans with Disabilities Act (ADA) …
Employers may ask about your ability to perform the essential functions of the job.
Employers may ask about your ability to perform essential functions of the job for which you are interviewing with or without accommodations.
Employers may ask about your qualifications and skills.
You should expect employers to ask about your qualifications and skills. Be prepared to explain or demonstrate how you would be able to perform job tasks that are essential to the job.
Employers may not ask you to take a medical examination as part of, or prior to, the interview process.
After an employer offers you the job, the employer might ask you disability-related questions and/or request a medical exam. This is okay as long as it is asked of all new employees in similar jobs.
Employers may not ask disability-related questions during an interview.
They may not ask if you have a disability, or what type of medications you are taking.
Resources
The following resources can help determine the best accommodation for you.
On the Job
After an employer offers you the job, the employer might ask you disability-related questions or request a medical exam. This is okay as long as it is asked of all new employees in similar jobs. The employer may not take back the job offer because a medical exam reveals a disability.
If you accept the job offer, it is up to you to request reasonable accommodations if you are eligible for and need them. The employer does not have to provide the specific accommodations requested. It is a good idea to learn about different accommodations that would enable you to perform the essential functions of the job and to offer suggestions to your employer. Did you know that under the Americans with Disabilities Act (ADA) …
Accommodations are not limited to only your job functions.
Your place of business should provide accessible break rooms, cafeterias, restrooms and transportation (if it is company-provided). It is okay for the business to provide comparable facilities if it is not possible to make an existing space accessible.
Your employer may offer health insurance that excludes coverage for pre-existing conditions.
If the insurance offered to all employees does not cover all of your medical expenses, the company does not have to obtain additional coverage for you.
A reasonable accommodation may be requested at any time.
If you acquire a disability after you are hired, or if your disability affects the way you perform your job, you should let your supervisor know. It is your responsibility to request an accommodation. Your employer is allowed to offer to place you in a different job if it is determined that there is no other way for you to perform the essential functions of your current job.
Related Resources
Glossary of Terms
Disability:
a physical or mental impairment that substantially limits one or more major life activities (i.e. walking, seeing, speaking or hearing).
Essential functions of the job:
necessary or required duties of a specific job.
Qualified individual with a disability:
an individual with a disability who, with or without reasonable accommodation, is able to perform the essential functions of the job.
Reasonable accommodation:
modification or adjustment to a job or work environment that allows an individual with a disability to fully participate in all employment related activities.
Undue hardship:
significant difficulty or expense to the business.