Your Rights as an Employee and Job Seeker

Workers With Disabilities and the ADA

Name: Workers With Disabilities and the ADA
Item: Workers With Disabilities and the ADA
Author: Kelly Boyd

ByKelly Boyd

Edited byKatrina Raenell

Quality Verified

Updated: January 1, 2024

ByKelly Boyd

Edited byKatrina Raenell

Quality Verified

Updated: January 1, 2024

Advertising & Editorial Disclosure

Employees who have a disability may face unique workplace challenges, from inaccessible workstations to schedule rigidity. Denial of reasonable accommodation requests can constitute discrimination. Explore the common types of discrimination encountered by job seekers and employees with disabilities, how to handle these situations and what protections are afforded by law.

What Does the ADA Mean for Workers With Disabilities?

Title I of the Americans With Disabilities Act (ADA) prohibits the discrimination of private, state and local employees or job applicants with disabilities. These same protections are provided to federal employees under the Rehabilitation Act. According to the U.S. Equal Employment Opportunity Commission (EEOC), disability-based discrimination occurs when an employer or other covered entity “treats a qualified employee or applicant unfavorably because of disability. The disability laws forbid discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.”

The ADA was created in 1990 based on the basic principle that "physical or mental disabilities in no way diminish a person's right to fully participate in all aspects of society," to provide a "clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities."

Overview of the Americans With Disabilities Act

The ADA protects individuals with permanent or temporary physical or mental impairments. It also includes those with a medical condition or undergoing medical treatment that limits their ability to perform one or more major life activities, such as self-care and communication. The ADA's protections include:

Who Is Protected Under the ADA?

Since 1990, the ADA has provided civil rights protections to all qualified individuals with disabilities, including job seekers and employees. Although it's not always clear whether certain health conditions are considered a disability, those who fit into the following categories are generally protected under the ADA:

Legislation That Protects the Rights of Workers With Disabilities

Several additional laws are in place to protect the rights of employees with disabilities. Here are some to remember if you find yourself dealing with disability-based discrimination on the job.

Rehabilitation Act of 1973

According to the EEOC, Sections 501, 503, 504 and 505 protect the rights of employees and job seekers with disabilities. Section 501 “prohibits employment discrimination against individuals with disabilities in the federal sector.” Section 505 contains provisions governing remedies and attorney's fees under Section 501.

Section 503 also pertains to federal contractors and is enforced by the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP), which ensures compliance with the ADA. Section 504 “prohibits recipients of federal financial assistance from discriminating against qualified individuals with disabilities” who are employed and involved in its programs.

Workforce Innovation and Opportunity Act (WIOA)

The WIOA was signed into law in 2014 to strengthen the U.S. workforce. According to the U.S. Department of Labor, the WOIA aims to “help job seekers access employment, education, training and support services to succeed in the labor market and to match employers with the skilled workers they need to compete in the global economy.”

Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA)

The OFCCP also enforces VEVRAA. This law aims to prevent federal contracts from discriminating against veterans who have disabilities while employed.

If you've been mistreated or discriminated against on the job, you can contact the U.S. Department of Labor (DOL) for advice or to file charges. The DOL also oversees the Administrative Review Board (ARB), which issues decisions in cases regarding worker protection laws.

Types of Disability Discrimination in the Workplace

If someone has a disability or is perceived to have a disability, it is illegal to discriminate against them during the hiring process or while on the job. Unfair or discriminatory practices on the job may take many forms. Here are some examples of illegal practices.

Employment Rights for Workers With a Disability

Workers who have a disability should know their rights when it comes to requesting reasonable accommodations at work. According to the American Civil Liberties Union, disability rights include:

Federal law protection from discrimination in employment
Withholding notice of your disability from an employer when applying for a job or when hired, even if you need reasonable accommodation at a later date
The inability of an employer to refuse to hire or promote, fire or demote, harass or pay you less because of your disability
Protection from unnecessary medical inquiries at work
Asking for and receiving reasonable accommodations

Federal disability nondiscrimination laws do not extend to private employers with fewer than 15 employees. Use the following resources to learn more about your rights as well as the laws and agencies that protect them:

U.S. Department of Labor: The U.S. DOL provides a detailed overview of the laws designed to protect employees who have disabilities and lists numerous websites with additional information.
American Civil Liberties Union: The ACLU provides information on federal laws that protect disability rights.
Office of Disability Employment Policy (ODEP): The U.S. DOL’s OEDP provides outreach services and educates people with disabilities and employers on the ADA and Rehabilitation Act to protect the rights of both employees and job seekers with disabilities.
National Disability Rights Network (NDRN): The NDRN has protection and advocacy agencies across the country and is the nation's largest provider of legal services for people with disabilities.
Equal Rights Advocates (ERA): The ERA provides free legal assistance to individuals mistreated at work. They also help employers develop more inclusive practices in the workplace.

Disability Employment Services by State

For questions regarding employment or concerns related to instances of discrimination, you can contact your state’s office that handles employment issues for guidance. Find your state’s designated agency in the table below.

MAINTAINING MEDICAL CONFIDENTIALITY DURING HIRING

An employer is legally prohibited from asking a person with a disability questions about their disability during a job interview. They also can’t request that the individual undergo a medical examination. However, the employer may ask if job accommodations are needed.

Once a job offer has been made, the employer can ask limited disability-related questions or require a medical exam as long as all applicants are treated the same way.

What Is Reasonable Accommodation?

There are some reasonable accommodations people with disabilities can request when going through the hiring process or while on the job. According to the ADA National Network, a reasonable accommodation is any change to the application or hiring process, the job, the way the job is done or the work environment that allows a person with a disability to perform the essential functions of that job and enjoy equal employment opportunities.

How to Discuss Reasonable Accommodations With Your Employer

Although it might feel awkward or intimidating, discussing reasonable accommodation at work is necessary. If it's easier for you, put the request in writing or email. Remember that you're within your legal rights to request accommodations that let you perform the essential functions of your job at an optimal level. Any requests that don't create undue hardship for the employer are considered reasonable under the ADA.

Request accommodations through your employer

Your employer or HR representative may need to learn what your needs are. When requesting accommodations from them, be specific about your needs and how they can meet them. Consider putting your request in writing to have a record for all parties.

Clearly state your needs

Precisely state what you need and explain how these accommodations will allow you to do your job well. Whenever possible, provide examples of the accommodations in your request. If your employer needs help understanding the type of accommodation you're requesting, consider bringing in a representative from HR to facilitate.

Be open to alternatives

Your employer or HR representative may suggest a different accommodation than you had in mind. If their alternative works, great! If it's inadequate, you can reissue your original request or tell them that another modification is necessary.

Be patient but persistent

Your employer may need time to implement your accommodations, but that's not an excuse to ignore your request. Be patient and persistent about what it will take to succeed at your job. Remember, the law is on your side.

Examples of Reasonable Accommodation in the Office

Accommodations may be requested for various issues — from mobility impairments to psychological disabilities. Below are categories of impairments and common examples of reasonable accommodations for them.

Hearing Loss

Hearing loss is a condition that prevents an individual from receiving sounds — completely or partially — through their ear(s). Mild hearing loss can result in difficulty hearing faint speech or noises in another room. A person with severe hearing loss may be unable to distinguish any sounds. Types of hearing loss include conductive, sensorineural, mixed and central.