The Americans with Disabilities Act (ADA) is a federal law that prohibits disability discrimination against applicants and employees. The ADA also requires employers to make reasonable accommodations to allow qualified employees with disabilities -- those who hold the necessary job prerequisites and are able to perform its essential functions, with or without accommodations -- to do their jobs.
Many states have laws that also prohibit disability discrimination, such as California's Fair Employment and Housing Act (FEHA).
Definition of Disability
The ADA defines a person with a disability as:
- someone who has a physical or mental impairment that substantially limits a major life activity, such as seeing, hearing, walking, breathing, working, or learning, or a major bodily function, such as the proper functioning of the endocrine, neurological, or reproductive systems
- someone who has a history of such an impairment, or
- someone who is regarded, even incorrectly, as having such an impairment.
To be protected by the ADA, a worker must not only have a disability, as defined above: The worker must also be able to perform the essential functions of the position, with or without a reasonable accommodation. In other words, the ADA protects only employees who are qualified.
Reasonable Accommodations
Under the ADA, a reasonable accommodation is “any modification or adjustment to a job or work environment that will enable a qualified applicant or employee with a disability to participate in the application process or to perform essential job functions”. This includes adjustments that would ensure an employee with a disability to enjoy the same employment rights and privileges as other employees.
Which accommodations are "reasonable" depends on the employee's disability. For instance, a worker with diabetes may have to take frequent breaks to test blood sugar or take insulin. An employee with a limited ability to walk may need to have a workspace close to the entrance and the restrooms.
Other accommodations may also involve adjustments to a workstation, wearing of safety equipment or protective gear, changes in facilities (such as lowering a water fountain or making a restroom accessible), and so on.
Depending on the circumstances, reasonable accommodations might include:
- adjustable work stations
- different working hours
- telecommuting (working from home)
- changes to the work location, or
- leaves of absence.
Transfers and Other Accommodations
In some cases, an employee with a disability may also be allowed to transfer to another job. However, an employer is not required to create a new job for the employee, but merely to allow the employee to transfer when a job becomes available to accommodate his or her disability.
Under the ADA, an employer is obliged to engage in a good faith, interactive process when a request for accommodation is made. The employee must notify the employer about the disability and request an accommodation. Once notified, the employer in turn must initiate the informal interactive process to clarify the needs of the employee and come up with an effective accommodation.
If a particular accommodation is not possible, the employer must look at other options to help the employee perform the job. The employer isn't required to provide the accommodation the employee requests, as long as the accommodation the employer provides is effective. The employer isn't required to make accommodations that would cause an undue burden.
Proving an Employer’s Failure to Accommodate
To win a case for failure to accommodate, an employee must show that:
- the employee has a disability
- the employee is qualified for the job
- the employee requested an accommodation, and
- the employer refused to provide one.
