ADA Frequently Asked Questions
Category: Title I: Employment
Question: #9
How does Title I of the ADA protect people from disability discrimination in employment?
Answer:
Title I of the ADA applies to private employers employment staffing agencies, and labor organizations (i.e., unions) with 15 or more employees as well as all state and local government employers. These covered employers must provide equal employment opportunities to people with disabilities. They may not discriminate against qualified applicants or employees who are protected under the ADA.
Title I prohibits workplace harassment based on disability; illegal medical and disability-related questions in recruitment, hiring, and employment activities; illegal medical examinations; and retaliation for engaging in protected activities under the ADA, such as filing a discrimination complaint.
Title I covers all aspects of employment such as the recruitment and hiring process, on-boarding and training, employer-sponsored professional development opportunities, promotions, firing and lay-offs, benefits, and pay rates.
The law also requires covered employers to make reasonable accommodations when necessary to provide equal opportunities to qualified applicants or employees with disabilities. If an accommodation would result in an undue hardship for the employer, it is not considered “reasonable” and does not need to be provided. However, the employer has an obligation to look for other accommodation options that would be effective and would not result in an undue hardship.
Federal Applicants and Employees: The Rehabilitation Act of 1973 is the civil rights law that protects federal applicants and employees from discrimination based on disability.
Resource(s):
Title I prohibits workplace harassment based on disability; illegal medical and disability-related questions in recruitment, hiring, and employment activities; illegal medical examinations; and retaliation for engaging in protected activities under the ADA, such as filing a discrimination complaint.
Title I covers all aspects of employment such as the recruitment and hiring process, on-boarding and training, employer-sponsored professional development opportunities, promotions, firing and lay-offs, benefits, and pay rates.
The law also requires covered employers to make reasonable accommodations when necessary to provide equal opportunities to qualified applicants or employees with disabilities. If an accommodation would result in an undue hardship for the employer, it is not considered “reasonable” and does not need to be provided. However, the employer has an obligation to look for other accommodation options that would be effective and would not result in an undue hardship.
Federal Applicants and Employees: The Rehabilitation Act of 1973 is the civil rights law that protects federal applicants and employees from discrimination based on disability.
Resource(s):
