What the Americans with Disabilities Act (ADA) is
The Americans with Disabilities Act (ADA) of 1990 is a federal civil‑rights law that prevents discrimination against people with disabilities. It covers employment, access to government services and transportation, public places and businesses that serve the public, and certain communications and telecommunications services.
Key legal definition
Disability (under the ADA): a physical or mental impairment that substantially limits one or more major life activities. The ADA Amendments Act of 2008 broadened how courts evaluate that definition, making it easier for people to qualify for protection.
What the ADA requires (high level)
– Employment (Title I): Employers with 15 or more employees may not discriminate against qualified applicants or employees with disabilities and must provide reasonable accommodations so the person can perform essential job duties—unless the accommodation would cause undue hardship (significant difficulty or expense relative to the employer’s size/resources).
– State and local government services (Title II): Public entities must provide equal access to programs, services, and activities.
– Public accommodations and commercial facilities (Title III): Businesses open to the public (restaurants, theaters, medical offices, schools, etc.) and many privately owned nonresidential commercial spaces must not discriminate and must meet accessibility standards when building or renovating.
– Telecommunications (Title IV): Telephone companies must provide relay services and other access methods for people with hearing and speech impairments.
Typical accessibility measures required by the ADA
– Physical design: ramps, automatic doors, elevators, accessible water‑fountain heights and restroom fixtures.
– Workplace accommodations: sign‑language interpreters, schedule adjustments for medical treatment, or physical modifications to facilities.
– Communications/accessibility: websites must be accessible under ADA standards; telephone relay services must be available 24/7 for hearing/speech impaired users.
Who enforces the ADA (as described in the source material)
– Title I (employment): Equal Employment Opportunity Commission (EEOC)
– Title II and Title III (public entities and public accommodations): Department of Labor (per the provided source)
– Title IV (telecommunications): Federal Communications Commission (FCC)
Coverage examples and common questions
– Is anxiety covered? Yes. Anxiety disorders are treated as disabilities under the ADA when they substantially limit major life activities; protections against workplace discrimination apply.
– When must an employer provide an accommodation? When an employee has a qualifying disability and a requested change is reasonable and does not impose undue hardship on the employer.
Short checklist: steps for individuals and employers
For employees or applicants seeking accommodations
1. Notify the employer or program administrator that you need an accommodation for a disability.
2. Describe the limitation and the specific accommodation requested.
3. Provide reasonable documentation if requested (medical note describing limitation and functional impact).
4. Keep records of requests and responses.
For employers and public accommodations
1. Determine which ADA title(s) apply (e.g., do you have 15+ employees for Title I?).
2. Review physical spaces, websites, and communications for accessibility gaps.
3. Respond promptly to accommodation requests and document the process.
4. Evaluate whether proposed accommodations are reasonable or would cause undue hardship (weigh cost relative to size/resources).
5. When building/renovating, follow applicable ADA design standards.
Worked numeric examples (two
Worked numeric examples (two)
Example 1 — Employer accommodation: ergonomic equipment for an employee
Scenario and assumptions
– Employer size: 20 employees (Title I of the ADA applies).
– Business annual revenue: $1,200,000.
– Annual net profit: $120,000.
– Requested accommodation: ergonomic chair + workstation adjustment costing $800 total.
– Employer can use internal funds; no separate tax incentives assumed.
Step‑by‑step evaluation
1. Identify direct cost: expense = $800.
2. Compare cost to business resources:
– Cost as a share of revenue = 800 / 1,200,000 = 0.000667 = 0.0667%.
– Cost as a share of profit = 800 / 120,000 = 0.00667 = 0.667%.
3. Consider other ADA undue‑hardship factors (qualitative): size of business, number of employees, type of operation, impact on operations, financial resources of the facility.
4. Documentation: obtain employee’s accommodation request and (if requested) medical documentation specifying limitation and suggested accommodation. Record date of request, evaluation steps, and final decision.
Interpretation (illustrative)
– Purely on the quantitative comparison above, $800 is a very small fraction of revenue and profit. Under the ADA’s undue‑hardship standard (which weighs cost along with other factors), this would ordinarily be considered reasonable and not an undue hardship for a business of this size.
– Caveat: ADA determinations are fact‑specific. If the employer were in extreme financial distress (e.g., imminent insolvency), the same dollar cost could be burdensome.
Example 2 — Public accommodation: installing an exterior ramp and tax incentives
Scenario and assumptions
– Small retail business (qualifies for federal Disabled Access Credit): gross receipts ≤ $1,000,000 or ≤30 full‑time employees.
– Cost to install a compliant exterior wheelchair ramp (barrier removal) = $8,000.
– The business intends to claim the Disabled Access Credit (IRC Section 44) and may consider the Barrier Removal Deduction (IRC Section 190).
– Note: IRS rules and forms apply; see citations below.
Step‑by‑step calculation (using IRS incentive rules)
1. Eligible expenditure for Disabled Access Credit = total qualifying barrier‑removal costs.
– Here = $8,000.
2. Compute credit base: (eligible expenditures − $250).
– = 8,000 − 250 = 7,750.
3. Credit = 50% × credit base, up to the statutory maximum credit (historically $5,000).
– 0.50 × 7,750 = 3,875.
– Because 3,875 $8,000 → immediate out‑of‑pocket cash is insufficient.
– Step 2: Compare to annual profit: $15,000 / $30,000 = 50% of annual net profit.
– Step 3: Check committed credit/loans: if an unused line of credit of $10,000 exists, available cash + credit = $18,000 → would cover ramp.
– Step 4: Consider alternatives: portable ramp costing $2,500 or obtaining a tax credit/grant.
Interpretation: Because available cash alone is insufficient, but available credit would cover the cost, and a much cheaper effective alternative exists, an undue‑hardship denial would be difficult to justify on financial grounds alone. Employer should document the assessment, consider financing options, and offer reasonable alternatives. Note: this is a simplified example; legal determinations are fact‑specific.
Common misconceptions
– “Only physical changes qualify as accommodations.” False. Accommodations include changes to policies, schedules, job restructuring, assistive technology, and auxiliary aids. – “Employers must lower performance standards.” No. Employers can require that essential job functions and performance standards be met; accommodations should enable performance without eliminating essential duties. – “All requests must be granted regardless of cost.” No. Employers must provide reasonable accommodations unless doing so would cause undue hardship (significant difficulty or expense), assessed case‑by‑case.
Where to get help and more information
– ADA National Network — practical guides and regional assistance: https://adata.org – U.S. Department of Justice, ADA information and Title III technical assistance: https://www.