Americans with Disability Act (ADA)6 min read

Table of Contents:

What is the Americans with Disability Act (ADA)?

The Americans with Disabilities Act (ADA) is a pillar of civil rights legislation in the United States. Put into effect in 1990, this civil rights law makes sure that individuals with disabilities receive the same opportunities as everyone else. The ADA was designed to eliminate obstacles and promote inclusivity in various aspects of daily life, such as employment and public accommodations.

For employers, understanding and complying with the ADA is critical—not only to stay within legal boundaries, but also to promote a workplace culture of equality and respect. Did you know that a diverse team helps with breakthrough ideas and also leads to improved company performance?

This article breaks down the essentials of the ADA, its history, key provisions, and what employers need to know to meet their responsibilities while supporting individuals with disabilities.

What is the Americans with Disabilities Act (ADA)?

The Americans with Disabilities Act is a federal law designed to prohibit discrimination against individuals with disabilities and to promote their full participation in society. Signed into law on July 26, 1990, the ADA was a massive step forward in civil rights, as it offers protections complementary to those established for race, color, sex, and religion under the Civil Rights Act of 1964.

Key Objectives of the ADA

The ADA is completely clear about its goals, which are:

Eliminate discrimination against people with disabilities in employment, public services, and public accommodations.
Make sure there is equal access to telecommunications and other essential services.
Promote accessibility through physical infrastructure changes, such as ramps, elevators, and automatic doorways.

Impact since 1990

Since the 1990s, the ADA has transformed public and private spaces to improve accessibility for people with disabilities. Ramps and elevators became standard in businesses, crosswalks introduced curb cuts, and public transportation added wheelchair lifts and priority seating. Cultural spaces like theaters and museums also embraced accessibility with assistive listening devices and modified layouts, for instance.

In the workplace, the ADA brought about flexible schedules for employees with medical needs, tools like screen readers for the visually impaired, and adjustments to office spaces to accommodate diverse needs.

In 2008, the ADA Amendments Act even expanded the definition of “disability,” extending protections to conditions like diabetes, epilepsy, and ADHD—which secured a broader inclusion under the law.

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ADA Titles and Their Applications

The ADA is structured into five key titles, each tackling specific aspects of accessibility and inclusion for individuals with disabilities. Here, we’ll lay out an overview of what they cover:

Title I: Employment

Title I protects individuals with disabilities from workplace discrimination. Employers with 15 or more employees must provide fair treatment in hiring, promotions, and other employment practices. They are also required to provide reasonable accommodations, such as modifying workspaces or adjusting schedules, to support employees with disabilities—unless these adjustments impose undue hardship on the business. (If you're wondering if this is precise: Yes, the ADA specifies this is applicable to companies with 15 or more employees. So, in theory, companies with fewer than 15 employees are not addressed in these specifications. This number might appear odd or outdated. Every company should be included).

What is reasonable accommodation?

A “reasonable accommodation” under the ADA is any change or adjustment to the workplace or job tasks that allows a qualified employee with a disability to perform essential job functions. This covers modifications like flexible work hours, adaptive technology, or physical workspace changes.

Title II: Public Services

This title is directed to public entities. It makes sure that state and local government programs, services, and facilities are accessible to people with disabilities. Public transportation systems, like buses and trains, must be equipped with features such as wheelchair lifts and accessible seating to cope with diverse needs. Other local government services are public libraries or city-owned buildings. In short, state and local governments must assure that public services are accessible to everyone.

Title III: Public Accommodations

Title III states that commercial facilities, businesses, and organizations open to the public, such as hotels, restaurants, and theaters are required to take away barriers that limit access for those with disabilities. This might include adding ramps, widening doorways, or providing assistive technologies like hearing loops in theaters or Braille materials in retail spaces.

Title IV: Telecommunications

Under Title IV, people with hearing or speech impairments are guaranteed equal access to interstate and intrastate telecommunications relay services.In simple terms, equal telephone and television access. This includes relay services for telephone communication and closed captioning for television broadcasts. The Federal Communications Commission (FCC) is in charge of enforcing and overseeing the compliance of this title within telephone and internet companies.

Title V: Miscellaneous Provisions

Finally, Title V, also known as Subchapter IV, covers additional legal protections, such as safeguarding individuals from retaliation or discrimination for exercising their ADA rights. For instance, the ADA prohibits discrimination in hiring, promotion, and other employment practices against qualified individuals with disabilities, and, as such, no employer can coerce an individual against those rights or retaliate against someone who wants to assert their rights. It also makes sure that ADA protections align with any applicable state or local law that provides greater protections for individuals with disabilities.

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Who is Protected Under the ADA?

Under the ADA, a “disability” is defined as a physical or mental impairment that substantially limits one or more major life activities. These activities include things like walking, seeing, hearing, or working, among others. The definition also covers individuals who have a history of such an impairment or are regarded as having one, even if they don't currently experience a significant limitation. In addition, it includes those with conditions that might be episodic, like cancer, or ones that can fluctuate, like epilepsy, as long as the condition limits major life activities during active episodes.

This broad definition means that many types of conditions—both visible and invisible—are covered, including physical disabilities, mental health conditions, and chronic illnesses like diabetes or epilepsy.

Employer Responsibilities Under ADA

As an employer, it’s your responsibility to make reasonable accommodations for employees with disabilities under the ADA. This could mean making adjustments like adding ramps, providing accessible tech, or offering flexible schedules to make sure employees can do their jobs no matter their abilities. However, the ADA contemplates that these accommodations should be made unless they cause significant difficulty or expense for your business.

When an employee requests an accommodation, the next step is to engage in a conversation to come up with the best solution. This interactive process means that both the employee’s needs and the business’s capabilities are taken into account. Keep in mind that these requirements apply not just to employees but also to applicants during the hiring process.

On top of this, if you're a federal contractor or if you receive federal financial assistance, you’ll have additional obligations under the Rehabilitation Act to actively recruit and hire qualified individuals with disabilities.

ADA Compliance in the Workplace

If you’re looking to maintain ADA compliance in the workplace, you might find it helpful to start with clear policies that address how accommodation requests will be handled. As we said, you need an interactive process where employees and employers work together to find solutions, especially when accommodations are requested. Plus, it's key to provide accessible hiring and onboarding practices, such as offering alternative formats for applications and verifying that interviews are held in accessible locations.

Training staff, particularly managers, on ADA requirements and respectful practices is also a vital step. This helps them recognize accommodation needs and take action promptly. Regular updates to training secure that your team is kept informed on best practices.

Finally, be mindful of common pitfalls like assuming accommodations are too costly. Many are low-cost or free, and some may even be eligible for tax credits. Always keep the lines of communication open and review accommodations periodically to be sure they remain effective.

Why ADA is Still a Very Up-To-Date HR Policy

Keep in mind that in remote or hybrid work environments, ADA protections still apply. Employers must take steps to guarantee accessibility, whether through assistive technologies, virtual accommodations, or promoting clear communication. ADA is still a very accurate HR code set that every company should try to abide by.

HR software is one of the ways that businesses can integrate the ADA into their workplace. If you’re looking to improve compliance management in your business, TalentHR has a solid tool to offer. Safe voice is a tool that improves transparency, compliance, and ethical practices as it provides a discreet platform for addressing concerns. Implementing this tool helps prevent breaches, align with regulations, and value employee voices.