ADA Compliance
Adherence to the Americans with Disabilities Act prohibiting discrimination and requiring reasonable accommodations.
ADA compliance refers to adherence to the Americans with Disabilities Act of 1990 (and its 2008 amendments—ADAAA), which prohibits discrimination against individuals with disabilities in employment, public accommodations, transportation, and telecommunications. For employers, ADA compliance primarily focuses on Title I, which prohibits disability discrimination in hiring, promotion, compensation, and other employment terms, and requires covered employers to provide 'reasonable accommodations' to qualified individuals with disabilities.
Covered employers: private employers with 15 or more employees; federal, state, and local governments; employment agencies; and labor organizations. Qualified individuals with disabilities are those who can perform the essential functions of the job with or without reasonable accommodation.
A disability is defined broadly under the ADAAA: a physical or mental impairment that substantially limits a major life activity (walking, seeing, hearing, thinking, breathing, etc.), a record of such impairment, or being regarded as having such an impairment. The ADAAA expanded coverage significantly, overturning Supreme Court decisions that had narrowed the ADA's reach.
Reasonable accommodations are modifications to the job application process, job duties, work environment, or work practices that enable a qualified individual with a disability to perform essential job functions. Examples: modified schedules, remote work arrangements, adaptive equipment, modified duties, reassignment to a vacant position, extended leave beyond FMLA.
The interactive process is the required collaborative dialogue between employer and employee to identify appropriate accommodations. Employers must engage in good-faith interactive process; undue hardship (significant difficulty or expense) is the only defense to denying an accommodation.
ADA intersects with FMLA, workers' compensation, and state disability laws—employers must navigate all simultaneously when dealing with employee medical issues.
FAQs
What is the 'interactive process' under the ADA?
The interactive process is the good-faith dialogue the ADA requires between an employer and an employee with a disability to identify reasonable accommodations that will enable the employee to perform essential job functions. When an employee discloses a disability or requests accommodation, the employer must promptly initiate the interactive process—meeting with the employee, gathering information about the functional limitations, identifying potential accommodations, and evaluating feasibility. Neither party can refuse to participate. Courts have held that an employer who fails to engage in the interactive process may be liable for failure to accommodate even if it would have been difficult to identify a reasonable accommodation. Document all interactive process communications.
What constitutes 'undue hardship' for ADA accommodation purposes?
Undue hardship is the legal defense allowing employers to decline reasonable accommodations that would impose significant difficulty or expense. The determination is fact-specific and considers: the nature and net cost of the accommodation (deducting tax credits and insurance reimbursements), the employer's overall financial resources and size, the nature of the business operation, and the accommodation's impact on other employees. The more resources an employer has, the higher the standard for claiming undue hardship. Courts rarely find undue hardship for large employers on relatively modest accommodations. Small employers with limited resources and thin margins have more successful undue hardship defenses. The employer must explore alternatives before claiming undue hardship on any specific accommodation.
Does the ADA require employers to create new positions for disabled employees?
No—the ADA does not require employers to create new positions or promote employees as accommodations. However, reassignment to a vacant position for which the employee is qualified is a required accommodation consideration when the employee can no longer perform their current position's essential functions even with other accommodations. The employer must look for vacant positions (not just the employee's current job classification) and reassign the employee if a suitable vacancy exists. The employer does not need to bump another employee from their position or create a new position. If no vacant suitable position exists, the employer may have satisfied the accommodation requirement—but must document the search process carefully.
Related Terms
FMLA
Federal law providing eligible employees up to 12 weeks of unpaid, job-protected leave annually for qualifying family and medical reasons.
Workers' Compensation
State-mandated insurance providing medical and wage benefits to employees injured or ill due to work.
FLSA Compliance
Adherence to Fair Labor Standards Act requirements for minimum wage, overtime pay, and recordkeeping.
COBRA Continuation
Federal law allowing employees to continue group health coverage after leaving employment by paying full premiums.
