Disability Rights & Reasonable Accommodations (ADA)

The Americans with Disabilities Act (ADA) protects qualified workers with disabilities at employers with 15 or more employees. It matters in the trades more than many people think, because a serious work injury, a bad back or hearing loss can be a disability under the law.

Who is protected

You have a disability under the ADA if you have:

You must be qualified: able to do the essential functions of the job, with or without a reasonable accommodation. People in recovery from drug addiction who aren’t currently using illegal drugs are protected; current illegal drug use isn’t.

Reasonable accommodations

An accommodation is a change in the job or how it’s done. Examples on the job:

The employer doesn’t have to remove an essential function, lower production standards, or make a change that would cause undue hardship.

The interactive process

  1. Ask. Tell your employer you have a medical condition and need a change at work. Writing it down helps.
  2. Talk it through. The employer should discuss your limits and possible solutions with you.
  3. Documentation. If the disability isn’t obvious, the employer can ask for medical information about the limitation and the need for an accommodation, not your whole medical history.
  4. Decide. If there are several options that work, the employer can choose the one that costs less.

After a work injury

Medical questions and exams

WhenWhat the employer can ask
Before a job offerNo medical or disability questions; they can ask if you can do the job’s tasks
After an offer, before startingA medical exam, if everyone entering the same job gets one
While employedOnly questions or exams that are job-related and consistent with business necessity

Medical information must be kept confidential and separate from your personnel file. DOT medical standards for truck drivers still apply. See DOT Physicals.

If you’re refused or fired

File a charge with the EEOC or your state agency, usually within 180 days (or 300 days in many states). Many state laws cover employers with fewer than 15 workers. See Discrimination & Harassment.

Free help with ideas: The Job Accommodation Network (JAN) gives free, confidential advice on accommodations for specific conditions and jobs, to workers and employers alike.

Standards & references

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