Americans With Disabilities Act - ADA - FAQs

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Do you have a disability? Are you struggling to perform your job or be chosen for a job? The Americans with Disabilities Act (ADA) protects disabled individuals from employment discrimination. The US Department of Justice has information on its website about the ADA and the protections it provides. Here are answers to some frequently asked questions about the ADA.


Q:

Whom does the ADA protect from discrimination?


  • A:

    Qualified individuals with disabilities are protected from employment discrimination.


Q:

What are considered "disabilities" under the ADA?


  • A:

    Disabilities that impair you mentally or physically so that it substantially limits a major life activity.


Q:

What are some examples of disabilities covered under the ADA?


  • A: There are many different types of disabilities covered by the ADA. Some examples include:

    • Substantial visual or hearing impairments
    • Paralysis
    • Intellectual disability
    • AIDS
    • Epilepsy
    • Specific learning disabilities


Q:

What are some examples of major life activities?


  • A:

    Some examples of major life activities include breathing, speaking, seeing, hearing, learning, working and caring for oneself.


Q:

Would I be considered an individual with a disability who's "qualified" under the ADA?


  • A:

    You have to meet the requirements of your job or the job you seek to be considered qualified. Education, experience and skill are all considered, including your ability to perform the essential functions of the job.


Q:

If I'm a qualified individual with a disability, do I have an advantage over non-disabled applicants in getting a job?


  • A:

    Employers are entitled to pick the best applicant for the job, regardless if she's disabled or not.


Q:

Does an employer have to make accommodations for qualified employees with disabilities?


  • Employers must make reasonable accommodations to help qualified disabled applicants or employees apply for a job or perform job functions that are essential.


Q:

What are some examples of reasonable accommodations?


  • A: There are a wide-variety of accommodations that employers can make that can be considered reasonable. Each accommodation must be specific to each particular work situation. Some examples include:

    • Changing work schedules
    • Modifying work equipment
    • Changing the work facilities to make them accessible
    • Restructuring the job
    • Adjusting examinations and training


Q:

If I can't perform an essential job function, does my employer have to reallocate this function to someone else to reasonably accommodate me?


  • A:

    Your employer doesn't have to reallocate this essential function to reasonably accommodate you.


Q:

Can my employer use health and safety as a reason not to hire a qualified individual with a disability?


  • A:

    Yes, if your employer can't eliminate the risk to health and safety of the disabled individual or others with a reasonable accommodation.


Q:

Can disabled employees be held to the same attendance standard as non-disabled employees?


  • A:

    Employers can have the same attendance policies for all employees, no matter if they're disabled or not. However, an employer may have to allow certain adjustments in the leave policy to reasonably accommodate a disabled individual.


Q:

Can my employer conduct drug testing under the ADA?


  • A:

    Your employer can conduct drug testing and base employment decisions on the results of the tests.


Q:

Does my employer have to let disabled employees know the ADA requirements?


  • A:

    Your employer must post a notice explaining the ADA provisions that's made accessible to disabled individuals.