If you have a disability and are looking for work or already have a job, you may have questions about your rights and workplace accommodations. These might include questions about how much information to share, what workplace support and/or accommodations you can request, approval and denial processes, and more. The Americans with Disabilities Act (ADA) exists to prevent and protect disabled individuals from discrimination in the workplace. This blog explains what the ADA is and how it can help you at work.
What is the Americans with Disabilities Act (ADA), and what does it do?
The Americans with Disabilities Act (ADA) is a federal civil rights law passed in 1990. The ADA protects people with disabilities from being treated unfairly. The ADA also protects employees when they choose whether to share information about their disability with an employer.
Title I of the ADA protects qualified people living with disabilities from employment discrimination. Title I states that employers must provide “reasonable accommodations” in their hiring processes.
Reasonable accommodation: any changes or adjustments to a job or the work environment that will support an applicant or employee with a disability to apply for a job or do the required tasks of their job after being hired.
Examples of reasonable accommodations include:
- making changes to rules or procedures impacting the employee with a disability,
- assistive technology,
- modified or part-time schedule,
- changing job duties or moving to a different position,
- working from home (telework), and more.
Do I have to disclose my disability?
Sharing information about your disability with your employer is 100% voluntary. You can choose when, how, or even if you ever want to share your medical information with an employer. The ADA protects you from discrimination whether you disclose it or not.
When and how should I ask for an accommodation?
If you need to request an ADA accommodation, remember that you only need to explain how your work is affected and what help you need. To start, tell your supervisor or the right Human Resources (HR) leader about your disability. Here are some steps to take:
- Identify what you need and why. Explain your disability, how it affects your ability to do the main duties of your job, and what change or support you need. Tip: Your job description can help you define the essential duties of your job.
- Submit a written request to (HR) or your manager. In your request, describe the reasonable accommodation(s) you are requesting and how they will help you in performing the essential duties of your job.
- Collect documentation that supports your request. This could be a note from your doctor or provider.
What if my accommodation request is denied?
Most accommodations are low-cost and easy to implement – so do not be afraid to ask for what you need. Employers can only deny an accommodation request if it creates an undue hardship for the employer.
Undue hardship: a significant difficulty or expense for the employer.
If you choose to, you have the right to challenge your employer’s denial of your accommodation request. Did You Know? The federal Equal Opportunity Employment Commission (EEOC) enforces Title I of the ADA, including ensuring that complaints of employment discrimination are investigated.
Interested in learning more about how the ADA helps individuals with disabilities navigate employment?
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