The Americans with Disabilities Act (ADA) protects qualified employees with disabilities from discrimination and requires employers to provide reasonable accommodations. Understanding your ADA rights helps you secure needed accommodations and challenge unlawful discrimination.

Who Is Protected

The ADA protects "qualified individuals with disabilities". To be protected, you must have a physical or mental impairment substantially limiting major life activities, have a record of such impairment, or be regarded as having such impairment. You must also be qualified—able to perform the essential functions of your job, with or without reasonable accommodation.

What Constitutes a Disability

Disabilities include a wide range of conditions: mobility impairments, vision and hearing impairments, chronic illnesses (diabetes, cancer, HIV), mental health conditions (depression, anxiety, PTSD), learning disabilities, autoimmune disorders, and many other conditions substantially limiting major life activities.

The ADA Amendments Act of 2008 broadened the definition—conditions that would be substantially limiting without medication or treatment generally qualify.

Reasonable Accommodations

Employers must provide reasonable accommodations enabling you to perform your job. Common accommodations include: modified work schedules or telecommuting, ergonomic equipment or assistive technology, job restructuring or reassignment to vacant positions, leave for medical treatment, accessible facilities, and modified policies or procedures.

Accommodations must be effective but don't have to be your preferred accommodation.

The Interactive Process

When you request accommodation, you and your employer should engage in an "interactive process"—a good-faith dialogue to identify effective accommodations. You describe your limitations; the employer explores possible accommodations; together you find solutions that work.

Employers who refuse to engage in this process or dismiss accommodation requests without consideration may violate the ADA.

Undue Hardship

Employers need not provide accommodations causing "undue hardship"—significant difficulty or expense considering the employer's size, resources, and nature of operations. Small employers have more limited obligations; large employers can rarely claim undue hardship.

Cost alone rarely justifies denying accommodation—especially for large employers or when funding sources exist.

Prohibited Discrimination

Beyond accommodation failures, the ADA prohibits: refusing to hire qualified applicants with disabilities, terminating employees because of disability, paying disabled employees less or providing fewer benefits, harassing employees based on disability, retaliating against employees who request accommodations or file complaints, and making disability-related inquiries or medical examinations without justification.

Essential Functions

You must be able to perform "essential functions"—the fundamental duties of your position. Employers cannot create pretextual essential functions to exclude disabled employees. Courts examine what duties actually matter, how much time is spent on them, and whether other employees perform them.

Accommodations may include modifying non-essential functions or transferring them to others.

Medical Inquiries and Confidentiality

Employers cannot ask disability-related questions before offering a job. After hiring, medical inquiries must be job-related and consistent with business necessity. Medical information must be kept confidential in separate files—not in regular personnel records.

Requesting Accommodations

To request accommodations: you don't need to use magic words—just explain you need an adjustment due to a medical condition. Put requests in writing. Provide medical documentation if requested. Suggest possible accommodations. Document the employer's response.

When Employers Deny Accommodations

If your employer denies accommodation without good reason, document the denial and the employer's stated reasons. Continue requesting accommodation in writing. Consider filing EEOC charges if necessary. Consult an employment attorney.

Filing ADA Claims

ADA claims must first go through the EEOC—file within 180 days (300 days in states with local agencies). The EEOC investigates or issues a right-to-sue letter. You then have 90 days to file in court.

Remedies

Successful ADA claims can recover: back pay, reinstatement or front pay, compensatory damages (emotional distress), punitive damages for malicious conduct, reasonable accommodation orders, and attorney fees.

Getting Legal Help

Disability discrimination and accommodation cases require understanding complex ADA requirements. An employment attorney can help navigate the interactive process, challenge denials, and pursue claims when employers violate your rights.