The ADA: Your Responsibilities as an Employer (2024)

FAQs

What are the obligations of an employer under the ADA? ›

Employers are required to provide reasonable accommodation only for the physical or mental limitations of a qualified individual with a disability of which they are aware. Generally, it is the responsibility of the employee to inform the employer that an accommodation is needed.

Under the ADA , workers with disabilities must have equal access to all benefits and privileges of employment that are available to similarly situated employees without disabilities. The duty to provide reasonable accommodation applies to all non-work facilities provided or maintained by you for your employees.

The Americans with Disabilities Act (ADA) requires covered employers to provide reasonable accommodations to qualified individuals with disabilities. A disability is a physical or mental impairment that “substantially limits” one or more “major life activities” of an individual.

ADA violations include discrimination against disabled individuals in employment, public accommodations, transportation, telecommunications, and other areas.

According to the ADA, an undue hardship “refers not only to financial difficulty, but to reasonable accommodations that are unduly extensive, substantial, or disruptive, or those that would fundamentally alter the nature or operation of the business.”² An example of an undue hardship would be if an accommodation ...

Employers have the responsibility to provide a safe workplace. Employers MUST provide their employees with a workplace that does not have serious hazards and follow all OSHA safety and health standards. Employers must find and correct safety and health problems.

An employer is responsible for making reasonable accommodations to a qualified applicant or employee with a disability to participate in the job application process, perform essential functions of the job, or enjoy benefits and privileges of employment equal to those enjoyed by other employees without disabilities.

The ADA and Mental Health

Under the ADA, anxiety disorders receive the same protection as any other disability. This means employers and businesses can't discriminate against you due to your condition.

Broken limbs, sprains, concussions, appendicitis, common colds, or influenza generally would not be disabilities. A broken leg that heals normally within a few months, for example, would not be a disability under the ADA.

The ADA prohibits discrimination based on a person's disability in employment, State and local government programs, private and non-profit businesses (referred to as public accommodations), commercial facilities, transportation, and telecommunications.

What are the essential functions of a job under ADA? ›

Essential job functions are the fundamental duties of a position: the things a person holding the job absolutely must be able to do. Essential job functions are used to determine the rights of an employee with a disability under the Americans with Disabilities Act (ADA).

Job Description Language Example

Climb (stairs/ladders) or balance Ascend/Descend, Work atop, Traverse Occasionally ascends/descends a ladder to service the lights and ceiling fans. Stoop, kneel, crouch, or crawl Position self (to), Move Constantly positions self to maintain files in file cabinets.

The Americans with Disabilities Act (ADA) prohibits discrimination against people with disabilities in several areas, including employment, transportation, public accommodations, communications and access to state and local government' programs and services.

Average Disability Discrimination Settlements in California

The average settlement for a disability discrimination case can range from around $25,000 to $500,000. Less complex cases often settle for about $100,000 or less, while more involved cases can exceed $1,000,000.

Examples of reasonable accommodations include providing interpreters, readers, or other personal assistance; modifying job duties; restructuring work sites; providing flexible work schedules or work sites (i.e. telework) and providing accessible technology or other workplace adaptive equipment.

General requirement: Employers must provide people with disabilities an equal opportunity to benefit from the employment-related opportunities available to others. This includes things like recruitment, hiring, promotions, training, pay, and social activities.

The Interactive Process is the way in which employees, supervisors, and their departments determine whether reasonable accommodation can be made to an employee. The interactive process obligation applies to both workers' compensation and non- industrial related injuries or illnesses.

Other Examples of Non-covered Conditions

Broken limbs, sprains, concussions, appendicitis, common colds, or influenza generally would not be disabilities. A broken leg that heals normally within a few months, for example, would not be a disability under the ADA.