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US Employment Law

ADA (Americans with Disabilities Act)

The ADA prohibits disability discrimination in US employment (Title I), government services (Title II), and public accommodations (Title III). Employers must provide reasonable accommodation unless it causes undue hardship.

Legal Definition

The Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.), as amended by the ADA Amendments Act of 2008 (ADAAA), prohibits discrimination against qualified individuals with disabilities. The definition of 'disability' was broadened by the ADAAA to cover more conditions. **Title I (Employment)**: Employers with 15+ employees cannot discriminate in hiring, pay, promotion, or other terms. They must provide 'reasonable accommodation' — modifications to the job, workplace, or how work is done — unless it would cause 'undue hardship' (significant difficulty or expense relative to employer size). **Title II (State and Local Government)**: Governments must ensure their programmes, services, and activities are accessible to persons with disabilities. **Title III (Public Accommodations)**: Businesses open to the public (restaurants, hotels, shops, cinemas) must provide equal access and remove architectural barriers where readily achievable. For employment claims, file a charge with the EEOC within 180–300 days. For public accommodation or government service access claims, file with the DOJ Civil Rights Division. State disability discrimination laws may provide broader protections.

📖 Constitutional / Statutory Basis: Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.); ADA Amendments Act of 2008 (ADAAA); Section 504 of the Rehabilitation Act of 1973

Practical Example

An employee with epilepsy requests schedule flexibility to avoid driving during peak fatigue hours and a private space to take medication. These are reasonable accommodations under the ADA. The employer denies them without conducting an interactive process — this is an ADA violation.

Frequently Asked Questions

Do I have to disclose my disability to my employer to get reasonable accommodation under the ADA?
You must let your employer know you have a medical condition that requires accommodation — though you do not have to reveal a specific diagnosis. The employer can request medical documentation sufficient to establish the functional limitations and the need for accommodation.
What counts as a "disability" under the ADA after the 2008 amendments?
A physical or mental impairment that substantially limits a major life activity (walking, seeing, hearing, concentrating, working). After the 2008 ADAAA, impairments are to be construed broadly. Conditions that are episodic or in remission (e.g., cancer, epilepsy, PTSD) are covered when active.

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