ADA Accommodations

The short version

This lesson explains your rights to accommodations at work under the Americans with Disabilities Act (ADA). If you have a disability, your employer might need to make changes to your job or workplace so you can do your work. These changes are called "reasonable accommodations." This law helps ensure people with disabilities have equal opportunities in employment.

The law this is built on

Every point below comes from the authority named next to it. Verify the current text before relying on it.

42 U.S.C. § 12112(a)
This section states that employers are not allowed to discriminate against a qualified individual with a disability because of their disability regarding job application procedures, hiring, advancement, discharge, compensation, job training, and other terms, conditions, and privileges of employment.
Why it matters: This is the core rule that forbids employers from treating you unfairly in employment simply because you have a disability.
42 U.S.C. § 12112(b)(5)(A)
This section clarifies that discrimination includes not making 'reasonable accommodations' for a qualified individual with a disability, unless doing so would cause an 'undue hardship' for the employer.
Why it matters: This is the part of the law that specifically requires employers to consider and provide accommodations, and it also sets limits on that requirement.
42 U.S.C. § 12111(8)
This section defines a 'qualified individual with a disability' as someone who, with or without reasonable accommodation, can perform the essential functions of the job.
Why it matters: To be protected, you must be able to do the main duties of the job, even if it requires some changes.

Words you need to know

Disability: Under the ADA, a disability means you have a physical or mental impairment that significantly limits one or more major life activities (like walking, seeing, hearing, thinking, caring for yourself). It also includes having a history of such an impairment or being regarded as having one.
Reasonable Accommodation: This is a change to the job or work environment that allows a qualified individual with a disability to perform the essential functions of the job. Examples include modifying work schedules, making the workplace accessible, or providing assistive technology.
Qualified Individual: This refers to a person with a disability who can perform the important duties of a job, with or without a reasonable accommodation, meaning they have the necessary skills, experience, and education for the job.
Essential Functions: These are the fundamental job duties that are crucial to a particular position. An employer generally cannot require you to perform marginal job functions if you cannot due to your disability.
Undue Hardship: This means that an accommodation would be too difficult or too expensive for the employer to provide. Factors include the nature and cost of the accommodation and the employer's size and financial resources. An employer is not required to provide an accommodation if it creates undue hardship.
Interactive Process: This is a flexible, informal discussion between you and your employer to identify how your disability limits your ability to do the job and what specific accommodations might be effective. Both parties should participate actively.

Your rights

✓You have the right to request a reasonable accommodation at any time during your employment, including during the application process.
✓Your employer must engage in an 'interactive process' with you to discuss your request and possible solutions.
✓Your employer must provide a reasonable accommodation unless it causes an 'undue hardship' for them.
✓You have the right to privacy regarding your medical information related to your disability and accommodation request.
✓Your employer cannot retaliate against you for requesting an accommodation.

How the process actually works

1
Identify Need
Any time you need assistance, typically after a diagnosis or change in condition.
You recognize that your disability is affecting your ability to perform your job duties or enjoy equal employment opportunities. You don't have to wait until your performance suffers.
2
Request Accommodation
As soon as you identify the need, but before major problems arise.
You inform your employer (orally or in writing) that you need an adjustment or change at work because of a medical condition. You do not have to use specific 'ADA' or 'accommodation' language. Any plain language request will do.
3
Interactive Process Begins
Promptly after your request.
Your employer should then engage in a discussion with you. This involves talking about your limitations, what you need to do your job, and potential accommodations. Your employer may ask for medical documentation.
4
Provide Medical Information (if requested)
After your request, if the employer deems it necessary.
If your disability or need for accommodation isn't obvious, your employer can ask for reasonable medical documentation. This documentation should confirm your disability and explain why you need an accommodation.
5
Employer Decision
Within a reasonable timeframe after receiving all necessary information.
Your employer must decide whether to provide an accommodation. They must provide an effective accommodation unless doing so would cause 'undue hardship.' They do not always have to provide the exact accommodation you requested, as long as the one they provide is effective.
6
Implement Accommodation
Promptly after the decision is made.
If approved, the employer makes the agreed-upon changes to your job or workplace. This could include equipment, schedule changes, or workplace modifications.

Deadlines that can end your case

File a Charge of Discrimination with the EEOC
180 days (300 days in deferral states)
If you believe your employer denied a reasonable accommodation illegally, you must file a charge with the Equal Employment Opportunity Commission (EEOC) within this time frame. Missing this deadline can prevent you from taking legal action.
State Law Claims
Varies by state
Many states have their own disability discrimination laws with different deadlines. Check your state's laws, as some may offer greater protections or different filing periods than federal law. Missing state deadlines can also prevent legal action.

Costly mistakes

✕Not clearly communicating your need for an accommodation related to a medical condition to your employer.
✕Refusing to participate in the 'interactive process' or not providing requested medical documentation when your disability or need isn't obvious.
✕Waiting until your job performance has significantly declined before requesting an accommodation.
✕Assuming your employer knows about your disability and what you need; you must initiate the request.
✕Not documenting your requests, employer responses, and communications about the accommodation process.
✕Missing the deadline to file a charge of discrimination with the EEOC or your state agency if your request is denied unfairly.

Your checklist

Determine what specific limitations your disability causes in your job duties.
Identify potential accommodations that would help you perform your job effectively.
Formally request the accommodation from your employer, preferably in writing. Explain the limitation and how the accommodation would help.
Engage fully in the 'interactive process' with your employer, discussing options and providing information as needed.
If your disability or need is not obvious, provide reasonable medical documentation when requested.
Document all conversations, emails, and steps taken throughout the accommodation process.
If an accommodation is denied or not effective, clearly communicate your concerns to your employer.
If you believe your rights were violated, contact the EEOC or your state's fair employment agency within the applicable deadlines.

Common questions

Do I have to tell my employer about my disability when I apply for a job?

No, you generally do not have to tell your employer about your disability during the application process unless you need a reasonable accommodation for the application process itself. The ADA, 42 U.S.C. § 12112(d), limits when employers can ask about disabilities.

What if my employer offers an accommodation different from what I requested?

Your employer does not have to provide the exact accommodation you requested, as long as the one they provide is effective in allowing you to perform the essential functions of your job. The goal is effectiveness, not necessarily your preference, according to 42 U.S.C. § 12112(b)(5)(A).

Can my employer ask for medical information?

Yes, if your disability or need for accommodation is not obvious, your employer can request reasonable medical documentation. This documentation should confirm you have a disability and explain why you need the requested accommodation. It must be kept confidential.

What if my employer says the accommodation is an 'undue hardship'?

If your employer claims 'undue hardship,' they must show that the accommodation would be significantly difficult or expensive for them, considering factors like their size, resources, and the nature of the business. This is a high bar for employers to meet, as described in 42 U.S.C. § 12111(10).

Does my employer have to make changes that would lower my performance standards?

No, a reasonable accommodation helps you meet the existing performance standards for essential job functions. Your employer is not required to lower production standards or eliminate essential job functions as an accommodation. You must still be a 'qualified individual' as per 42 U.S.C. § 12111(8).

How this changes by state

Many states have their own laws, often called Fair Employment Practices Acts, that also prohibit disability discrimination and require accommodations. These state laws can sometimes offer broader protections than the federal ADA, such as covering smaller employers or defining 'disability' more broadly. Some states also have different deadlines for filing complaints. To find your state's specific rules, you can search for your state's Department of Labor or Human Rights Commission website.

When you need a lawyer

You should consider contacting an attorney if your employer outright refuses to engage in the interactive process, denies a reasonable accommodation without a clear and legally sound undue hardship reason, or retaliates against you for requesting an accommodation. An attorney can help you understand your options, navigate the EEOC filing process, and potentially pursue legal action.

Do this today

→Review your job description and identify essential job functions.
→Research potential accommodations that could help you perform your job with your disability.
→Draft a written request for accommodation, explaining your limitation and proposed solution, to submit to your employer.

This lesson is legal information for educational purposes only, based on 42 U.S.C. § 12112 (ADA Title I). It is not legal advice and does not create an attorney-client relationship.