Employers' Practical Guide to the ADA

The Employers' Practical Guide to the Americans with Disabilities Act is a summary of some of the most frequent issues that employers have regarding accommodations and ADA compliance. The information has been divided into 4 sections - "Americans with Disabilities Act Basics," "Applications and Interviews," "Employees," and "Employees on Leave and Former Employees."

If you have an issue that is not addressed in the Guide or if you want to discuss an issue in more detail, please contact us.

ADA BASICS

This section provides answers to basic questions about the ADA. Most of the answers come from formal and informal guidance from the Equal Employment Opportunity Commission (EEOC), the federal agency that enforces the ADA. When available, links to the EEOC guidance are provided. Information covered includes the following:

• What is the ADA?
• Who must comply with Title I of the ADA? 
• Who is protected by Title I of the ADA?     
• What is a reasonable accommodation?  

APPLICATIONS AND JOB INTERVIEWS

The ADA applies to all aspects of employment, including job advertisements, job applications, job interviews, and post-offer medical examinations. Although many of the ADA rules that apply to applicants and new-hires are the same as the rules for employees, there are some differences. This section discusses the differences.

• Job Advertisements and Applications   
• Job Interviews
• Post Job Offer

EMPLOYEES

One of the key non-discrimination requirements of Title I of the ADA is the obligation to provide reasonable accommodation for employees with disabilities. This section provides information about what policies and procedures might be useful, how to recognize and handle accommodation requests, how to determine effective accommodations, and what types of accommodations might be reasonable.

• Policies and Procedures 
• Accommodation Requests           
• Determining Effective Accommodations 
• Accommodation Issues
  • Work-site Accessibility
  • Job Restructuring 
  • Modified Work Schedules and Leave
  • Modified Policies
  • Equipment and Services

EMPLOYEES ON LEAVE AND FORMER EMPLOYEES

The ADA requires employers to provide accommodations to ensure that employees with disabilities receive equal benefits of employment. For employees on leave and former employees, benefits of employment may include health and disability insurance, job protection, and bonuses and promotions.

• Health and Disability Insurance
• Bonuses and Promotions 
• Reductions in Force and Layoffs