FAQ's about the Americans with Disabilities Act and Title I

What protections does the Americans with Disabilities Act provide in regards to employment?

The Americans with Disabilities Act (ADA) is the most comprehensive civil rights legislation adopted to prohibit discrimination against people with disabilities. Public and private businesses, state and local government agencies, private entities offering public accommodations and services, transportation and utilities are required to comply with the law. The ADA was signed into law in 1990, extending civil rights protections to individuals with physical or mental disabilities in the area of Employment (Title I).

Title I of the Americans with Disabilities Act requires employers of 15 or more employees to provide an equal opportunity to qualified individuals. It prohibits discrimination in various aspects of employment. Title I restricts employers from asking applicants about health conditions before a job offer.

Title I of the ADA further discusses discrimination and requires employers to make reasonable accommodations. Employers are obligated to provide accommodations to the known physical or mental limitations of applicants or employees that are due to the disability. This means that employees might be obligated to tell the employer about the disability and how it limits functioning in order to receive accommodations.

In addition, employers are not required to provide accommodations to employees who are not qualified, that is, unable to perform the essential functions of the job with or without reasonable accommodations. What this means is that employers are not obligated to hire unqualified applicants nor keep employees who cannot perform the skills needed to do the main parts of the job.

Who is responsible for enforcement of Title I?

The U.S. Equal Employment Opportunity Commission (EEOC) enforces Title I of the ADA. Complaints under Title I must be filed with the EEOC within 180 days of the date of the discrimination, or 300 days if the charge is files with a designated State or local fair employment practice agency. Lawsuits can only be filed in Federal court after an individual has received a 'right to sue' letter from the EEOC. To locate an office, look under the U.S. Government in the telephone directory, or call (800) 669-4000 (voice) or (800) 669-6820 (TDD).

Employers can get free technical assistance and information about how to accommodate a specific employee with a disability by contacting the Job Accommodation Network to identify other organizations offering information and technical assistance.