Employment

What is the ADA?

The Americans with Disabilities Act (ADA) is landmark civil rights legislation that prohibits discrimination against people with disabilities across community life, including employment. In addition to prohibiting discrimination against qualified job applicants and employees on the basis of disability, the ADA requires covered employers to provide reasonable accommodations for applicants or employees with disabilities when requested, unless to do so would impose undue hardship. The ADA applies to private employers with 15 or more employees. It also applies to local and state government agencies, regardless of the number of people they employ.

Download the Employment Accommodations Presenation

Am I Protected by the ADA?

The ADA does not include a list of medical conditions that constitute disabilities. Instead, it includes a general definition of disability that each person must meet. Specifically, it says that a person with a disability is someone who:

• Has a physical or mental impairment that substantially limits one or more major life activities, 
• Has a history or record of such an impairment, or 
• Who is perceived by others as having such an impairment.

A substantial impairment is one that significantly limits or restricts a major life activity such as hearing, seeing, speaking, walking, breathing, performing manual tasks, caring for yourself, learning or working. It is important to note that the ADA does protect people with nonvisible disabilities (for instance chronic health conditions such as diabetes and asthma or mental health conditions such as anxiety and depression).

It is also important to note that the ADA’s employment provisions protect qualified individuals with disabilities. Qualified in this case means that you satisfy the job-related requirements of the position you hold (or are applying for) and can perform its essential functions, with or without a reasonable accommodation. 

What are Reasonable Accommodations?

A reasonable accommodation is considered any change to the work environment, or the way a job is done, that enables someone with a disability to apply for or perform a job. For example, an employer may need to provide a sign language interpreter during a job interview for an applicant who is deaf or adjust the layout of a workstation for someone who uses a wheelchair. A flexible schedule to assist in managing medical appointments might also be considered a reasonable accommodation. Just as each person is unique, so is each accommodation. Employers or employees seeking assistance with determining effective accommodations can contact the Job Accommodation Network (JAN) at www.AskJAN.org or 800-526-7234 (Voice) or 877-781-9403 (TTY).

Can an Employer Require Medical Examinations or Ask About a Disability?

During the job application process, an employer cannot ask you if you are disabled or about the nature or severity of a disability. They can, however, ask if you can perform the duties of the job with or without a reasonable accommodation. They can also ask you to describe or demonstrate how, with or without reasonable accommodation, you would perform your job duties.

An employer cannot require you to take a medical examination before you are offered a job. After extending a job offer, they can require you to take a medical examination, but only if all entering employees in that job category must take the examination. However, they cannot then rescind the offer based on information about your disability revealed by the medical examination, unless the reasons for doing so are job-related and necessary for the conduct of the employer’s business. Also, once officially employed, your employer cannot require you to take a medical examination or ask questions about your disability unless they are job-related and necessary for the conduct of the employer’s business. 

In short, an employer cannot fire you or refuse to hire you because of your disability if you can perform the essential functions of the job, with or without a reasonable accommodation. 

How Do I Request a Reasonable Accommodation?

If you need a reasonable accommodation in order to apply for employment or perform essential job functions, you should inform your employer (or prospective employer). As noted earlier, employers covered by the ADA are required to provide reasonable accommodations for qualified individuals with disabilities, but it is the employee’s responsibility to request one. 

You will need to let your employer know that you are requesting a reasonable accommodation due to a disability. Furthermore, it is recommended that you put your request in writing so that you have a record of having made the request. Your employer may ask you to provide medical documentation to support your request, and if you do not provide it, they can deny your request. There is no set amount of time in which they must respond to your request, but it should be within a reasonable timeframe. 

If your employer feels they cannot provide your requested accommodation, they should participate in an “interactive process” with you, meaning a back-and-forth discussion in attempt to identify a solution that works for you without creating an undue hardship for them. 

Also, the ADA requires that an employer cover the cost of a reasonable accommodation. If the cost would be an undue hardship, you must be given the choice of providing the accommodation yourself or paying for the portion that causes undue hardship.

What Should I Do if my Employer Denies my Request?

If your employer denies your request, you can seek assistance from Disability Rights Florida or file a complaint with the Equal Employment Opportunity Commission (EEOC), which enforces the employment provisions of the ADA. Also, it is illegal for an employer to retaliate against you for requesting an accommodation or otherwise asserting your rights under the ADA. If you believe you have been retaliated against in this regard, also contact Disability Rights Florida or an employment attorney or file a complaint with the EEOC. See www.eeoc.gov/field-office for contact information for EEOC offices in Florida or call 800-669-4000 (Voice), 800-669-6820 (TTY) or 844-234-5122 (ASL/Video).