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.
- All workers
- Employers
Who is protected
You have a disability under the ADA if you have:
- A physical or mental impairment that substantially limits a major life activity, such as walking, lifting, seeing, hearing, breathing or concentrating, or a major body function;
- A record of such an impairment (like a past cancer or a past back injury); or
- You’re regarded as having one, such as being refused a job because a boss assumes your old injury makes you unsafe.
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:
- A lift assist, cart or mechanical aid so you don’t carry heavy loads by hand
- Anti-fatigue mats, a stool, or a modified schedule with more breaks
- Visual or vibrating alarms for a worker with hearing loss
- Changing which tasks you do, if they aren’t essential to the job
- Time off for treatment or a modified schedule
- Reassignment to an open job you’re qualified for, as a last resort
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
- Ask. Tell your employer you have a medical condition and need a change at work. Writing it down helps.
- Talk it through. The employer should discuss your limits and possible solutions with you.
- 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.
- Decide. If there are several options that work, the employer can choose the one that costs less.
After a work injury
- Workers’ comp and the ADA are separate. Getting comp benefits doesn’t stop you from asking for an accommodation.
- A policy that you must be “100% healed” with no restrictions before coming back can violate the ADA.
- Your employer should look at whether you can do the job with an accommodation before letting you go. See Returning to Work After an Injury.
Medical questions and exams
| When | What the employer can ask |
|---|---|
| Before a job offer | No medical or disability questions; they can ask if you can do the job’s tasks |
| After an offer, before starting | A medical exam, if everyone entering the same job gets one |
| While employed | Only 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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