The right to employment without being discriminated against because of a disability is protected by federal law. The Americans with Disabilities Act (ADA) prohibits discrimination in employment against a qualified individual with a disability.
All employees need access to both the physical locations and digital resources required to do their jobs. Some employees with disabilities will require or benefit from reasonable accommodations. To stay in compliance, covered employers are required to provide reasonable accommodations to employees with disabilities, unless doing so would cause undue hardship. Failure to comply may constitute discrimination.
Nondiscrimination in employment is the law
Title I of the Americans with Disabilities Act makes it illegal for businesses with 15 or more employees to discriminate against a qualified individual in all aspects of employment. This part of the ADA is enforced by the Equal Employment Opportunity Commission (EEOC). The ADA prohibits the same for state and local government employers, as does the Rehabilitation Act of 1973 for federal and some private employers.
All aspects of employment are protected
The ADA prohibits discrimination in all aspects of employment. §12112. Discrimination explains that:
No covered entity shall discriminate against a qualified individual on the basis of disability in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment.
For information on acceptable questions before an offer of employment has been made, read Questions Employers Can and Can’t Ask Job Applicants.
Reasonable accommodation obligations
Covered employers have to make reasonable accommodations that would help a person with a disability apply for a job, perform a job, or enjoy the benefits of a job.
A reasonable accommodation is any change to the environment or practices that improves access or helps applicants or employees pursue and perform employment. Reasonable accommodations will vary significantly from individual to individual and might include changes like making modifications for improved wheelchair access, providing a sign language interpreter, or allowing remote working arrangements.
The ADA defines a “reasonable accommodation” to include:
- Making existing facilities used by employees readily accessible to and usable by individuals with disabilities; and
- Job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, appropriate adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities.
When an accommodation imposes undue hardship
Employers may not have to agree to all accommodation requests if doing so would cause an undue hardship.
“Generalized conclusions will not suffice to support a claim of undue hardship,” which instead “must be based on an individualized assessment of current circumstances that show that a specific reasonable accommodation would cause significant difficulty or expense,” according to EEOC’s Enforcement Guidance on Reasonable Accommodation and Undue Hardship under the ADA.
To determine if an accommodation would impose undue hardship, EEOC states:
The ADA's legislative history indicates that Congress wanted employers to consider all possible sources of outside funding when assessing whether a particular accommodation would be too costly. Undue hardship is determined based on the net cost to the employer. Thus, an employer should determine whether funding is available from an outside source, such as a state rehabilitation agency, to pay for all or part of the accommodation. In addition, the employer should determine whether it is eligible for certain tax credits or deductions to offset the cost of the accommodation. Also, to the extent that a portion of the cost of an accommodation causes undue hardship, the employer should ask the individual with a disability if s/he will pay the difference.
Further, if an accommodation request is determined to be too costly, but another accommodation is agreed to be effective and won’t cause undue hardship, then the employer should provide that second option.
Digital accessibility in the workplace
Accessibility in the workplace is not limited to the physical location. If employees use digital technology to do their job, access benefits, or to participate in any part of employment, those technologies and materials must be accessible.
Learn about digital accessibility
Ten employment myths
Sometimes it is can be challenging to separate the myths from the facts. The Department of Justice (DOJ) identifies ten concerns employers might have in their Video: Ten Employment Myths. The myths are copied here for ease of reference; their rebuttals are available in the video.
- It’s just too much trouble.
- I have to hire unqualified workers.
- No one with a disability can do this job.
- Once I hire them, I can’t fire them.
- My other employees will complain about special treatment.
- People with disabilities are unreliable.
- My insurance will go through the roof.
- I don’t want to say anything wrong in an interview.
- People with disabilities make my customers uncomfortable.
- The accommodations they need will bankrupt me.
Resources for employers
Your rights as an individual with a disability
If you are qualified to do a job, it’s illegal for you to be discriminated against because of your disability. For information on your employment rights, start with Your Employment Rights as an Individual with a Disability (EEOC).
Contact EEOC for more information about ADA requirements in employment
Equal Employment Opportunity Commission
P.O. Box 7033
Lawrence, Kansas 66044
(800) 669-4000 (Voice)
(800) 669-6820 (TDD)
