The ADA, or Americans with Disabilities Act, is a 1990 federal law that bans discrimination against qualified people with disabilities and requires employers with 15 or more employees to provide reasonable accommodations unless doing so would cause undue hardship. Title I covers employment.
Key takeaways
- A disability is an impairment that substantially limits a major life activity, a record of one, or being regarded as having one.
- The 2008 amendments broadened the definition, so most conditions now qualify.
- Employers can't ask disability-related questions or require medical exams before a job offer.
- Disability appeared in 38% of EEOC charges in fiscal year 2024.
How ADA works
The ADA protects qualified individuals: people who can perform the essential functions of the job, with or without reasonable accommodation (EEOC, Disability discrimination). When an employee asks for help because of a medical condition, the employer must engage in an interactive process to find an effective accommodation.
Medical inquiries follow a timeline. Before an offer, employers can't ask about disabilities or require medical exams. After a conditional offer, they can require exams if all entering employees in the same job get them. During employment, inquiries must be job-related and consistent with business necessity. Medical information must be kept confidential and separate from personnel files.
The ADA Amendments Act of 2008 told courts to interpret disability broadly, and conditions that are episodic or in remission, like epilepsy or cancer, count if they would be limiting when active.
ADA example
An accounting clerk with a back condition asks for a sit-stand desk and the ability to take short breaks. HR meets with her, reviews a brief note from her doctor confirming the need, and orders a desk for $450. Her manager adjusts her schedule to allow two extra five-minute breaks. The process takes nine days, is documented in a short accommodation record, and costs less than a single day of recruiting a replacement.
Why ADA matters for employers
Disability-related charges are common: they appeared in 38.0% of EEOC charges in fiscal year 2024 (FY2024 EEOC enforcement statistics summary (CWC)). Many involve failures in the process, such as ignoring a request, delaying for months, or firing someone at the end of FMLA without considering more leave as an accommodation.
Good process is cheap insurance. Train managers to recognize accommodation requests, which don't require the word "ADA," route them to HR, and keep records of each step. Leave management software can track ADA, FMLA, and state leave together so cases don't fall through gaps.
Common ADA mistakes to avoid
Asking about health in interviews
Pre-offer disability questions are illegal, even casual ones.
Requiring magic words
An employee doesn't need to say "ADA" or "accommodation" to make a request.
Automatically terminating at the end of FMLA
Additional leave can be a reasonable accommodation.
Storing medical records in personnel files
Keep them in a separate, confidential file.
ADA: questions people also ask
Which employers must follow the ADA?
What counts as a disability under the ADA?
Can an employer ask about a disability?
What is undue hardship under the ADA?
Does the ADA cover mental health conditions?
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<blockquote>The ADA, or Americans with Disabilities Act, is a 1990 federal law that bans discrimination against qualified people with disabilities and requires employers with 15 or more employees to provide reasonable accommodations unless doing so would cause undue hardship. Title I covers employment.</blockquote><p>Source: <a href="https://www.hrtally.com/hr-glossary/ada/">HRTally HR Glossary, ADA</a></p>
Written by the HRTally Research Team
Our guides are written and reviewed by people with hands-on US HR, payroll, and HR technology experience. Legal and tax facts are checked against primary sources, such as the Department of Labor, IRS, EEOC, and USCIS, and linked at the end of each guide. Vendors never review or pay for our editorial content.