Workers With Disabilities and the ADA

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.

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."

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:

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:

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.

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.

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:

1. 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.
2. American Civil Liberties Union: The ACLU provides information on federal laws that protect disability rights.
3. 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.
4. 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.
5. 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.

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.

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.

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.

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 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.

A visual impairment wholly or partially obstructs someone's ability to see. Ordinary glasses, contact lenses, surgery and medication typically cannot correct a visual impairment.

Various chronic health impairments result from long-standing ailments such as heart disease, diabetes, obesity or Crohn's disease, among others. These conditions can make it difficult for workers to juggle part-time or full-time employment while keeping up with their health care regimen.

Someone with a mobility impairment may have difficulty getting into and around their workplace. Reaching particular objects may be an issue due to their height or presence of physical barriers like stairs.

Cognitive impairments include difficulty with learning, reading, concentrating or remembering information and can range from mild to severe. Although those with mild impairment may be able to complete everyday activities with little assistance, more debilitating cognitive impairment can obstruct one's ability to speak and write, understand new information and make decisions regarding their work.

Like cognitive impairments, psychological disabilities are broad in scope and often affect one's emotions, cognitions and behaviors. Psychological disabilities may include anxiety, bipolar disorder, depression and schizophrenia, among other conditions. Psychological disabilities aren't always apparent but are just as deserving of accommodation.

Discrimination based on a person’s disability is against the law. Although it might be uncomfortable, those who experience this at work or during the hiring process are encouraged to report the issue to a supervisor. Outside agencies can also be helpful in mediating particular situations if needed.

MoneyGeek spoke with subject matter experts to gain additional insight into the rights of workers with disabilities and what you can do if you face discrimination on the job.

If you believe that you have been subject to unfair treatment in the workplace or in a hiring situation, you can file a charge of discrimination with the EEOC or with a state or local agency. Taking the following steps will help you prepare to file:

The BLS reports that the number of employed people with disabilities is on the rise. However, according to the Center for American Progress, their rates continue to lag significantly behind those of their able-bodied counterparts due to continued ableism in the labor market.

According to the BLS, the labor force participation rate (23.1%) and the employment–population ratio (21.3%) for people with a disability increased in 2022. Both measures are the highest since 2008. The unemployment rate for people with a disability decreased by 2.5% to 7.6% in 2022.

Source: Bureau of Labor Statistics

There are several employment avenues for individuals with disabilities. In addition to well known ones like networking, career service centers and online employment platforms, there are also hiring resources that cater to the more unique needs of job seekers with disabilities.

Job search engines and online career fairs are excellent ways to find openings that align with your qualifications. Your state might also feature some of the top cities for job seekers, providing ample employment options.

Some helpful resources to help you begin your search:

• National Council on Independent Living: A section on employment can be found on the National Council on Independent Living (NCIL) website. The NCIL staff advocate for more employment opportunities for people with disabilities. They can also help individuals find or prepare for employment.
• Penn State Online Career Fairs: This website shares information on career fairs held at the University. These events are hosted by staff from career services throughout the school year.
• Virtual Career Fairs for Veterans: Veterans can search for jobs on this website and learn about upcoming career fairs. A live chat is available for veterans looking for additional assistance regarding employment.

Several disability-specific websites post job openings and career advice to help with your search, including:

• AbilityJobs.com: This website offers employment resources and job listings for individuals with disabilities. The site also offers a resume bank for employers.
• American Foundation for the Blind (AFB): The AFB provides resources to people with vision loss. The foundation also lobbies for laws to help those with vision loss.
• GettingHired.com: Individuals with disabilities connect with mentors who assist them with their job search. People can search for jobs in their area through the website.
• HireDS.com: HireDS aims to connect individuals with disabilities with employment opportunities. It also helps businesses connect with workers with valuable insight.
• Job Resources by State for Adults With Learning Disabilities: Individuals with learning disabilities can find helpful resources on this site. Staff also work to protect the rights of individuals who have learning disabilities.
• National Association of the Deaf (NAD): The NAD provides resources and support to individuals with hearing disability. Staff also engage in outreach, lobbying and educational services.

Before you begin your job search or attempt to handle any work-related discrimination matters, Miller suggests becoming familiar with the following websites:

• Americans With Disabilities Act (ADA): Learn more about disability rights and the laws that protect people with disabilities.
• Equal Employment Opportunity Commission (EEOC): Find out what Federal protections are in place to ensure equal employment and prohibit discrimination.
• National Disability Rights Network (NDRN): This organization offers P&As and Client Assistance Programs (CAPS) providers for workers with disabilities.

If you want to find a job or advance in your career, some websites can help. Here are a few to start:

• Job Seekers With Disabilities: Respect Ability offers information and resources to help people with a disability search for a job. There is also a section that covers the rights of people who have disabilities.
• Support Resources for Students With Disabilities: MoneyGeek also shares information on this website to help students who have disabilities find a job after graduation.

MoneyGeek spoke with subject matter experts in the industry who provided insight into the rights of job seekers and individuals with disabilities. Their expertise can help you better understand specific issues surrounding the rights of workers with a disability.

There are available resources that can be of help to individuals who have disabilities who have dealt with discrimination in the workforce.

• ADA Information, Guidance and Training: Northeast ADA Center staff provide information, guidance, and training on implementation of all aspects of the ADA.
• Disability Inclusion at Work: Employer guidance resource on how to foster disability inclusion in the workplace.
• Disability Rights Advocates: Disability Rights Advocates is a nonprofit disability rights legal center with offices across that country with staff that handle matters related to discrimination against the disability community.
• Disability Talent: Job seekers with disabilities can search for employment opportunities. Staff also work with employers to help them create a more inclusive workplace and hire more individuals who have disabilities.
• National Trends in Disability Employment: Each month, the Kessler Foundation and the University of New Hampshire’s Institute on Disability release National Trends in Disability Employment (nTIDE) custom reports and hold webinars covering employment data on Americans with and without disabilities.
• Project WHEN: The nonprofit group works to find solutions to end discrimination and harassment in the workplace.
• U.S. Health and Human Services: The U.S. Department of Health’s Office for Civil Rights created this fact sheet that provides information on how to file complaints when the ADA is violated.