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Employers

Young man with Down's Syndrome working in an office.

This landing page is designed for employers needing information about their obligations under the ADA.  Employers can find fact sheets, frequently asked questions, resources, and summaries of settlement agreements and court rulings on this one-stop resource.    

Who Must Comply with the Employment Provisions of the ADA.

The ADA covers employers, both public and private, with 15 or more employees. It also applies to employment agencies and to labor organizations.

Employers' Responsibilities Under the ADA.

Title I of the Americans with Disabilities Act of 1990 prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment.

Employers are required to provide reasonable accommodations to qualified individuals with disabilities who are employees or applicants for employment, unless doing would cause an undue hardship to the employer. Undue hardship is defined as an action requiring significant difficulty or expense when considered in light of factors such as an employer's size, financial resources, and the nature and structure of its operation.

Reasonable accommodation may include, but is not limited to:

Making existing facilities used by employees readily accessible to and usable by persons with disabilities.

Job restructuring, modifying work schedules, reassignment to a vacant position;

Acquiring or modifying equipment or devices, adjusting or modifying examinations, training materials, or policies, and providing qualified readers or interpreters.

An employer is not required to lower quality or production standards to make an accommodation; nor is an employer obligated to provide personal use items such as glasses or hearing aids.

Definition of a Qualified Individual with a Disability Under the ADA

An individual with a disability is a person who:

Has a physical or mental impairment that substantially limits one or more major life activities;

Has a record of such an impairment; or

Is regarded as having such an impairment.

A qualified employee or applicant with a disability is an individual who, with or without reasonable accommodation, can perform the essential functions of the job in question.