Title I of the Americans with Disabilities Act (ADA): Employment Discrimination

Summary

Title I of the Americans with Disabilities Act of 1990 and the ADA Amendments Act of 2008 (together, ADA) prohibit discrimination in employment against qualified individuals on the basis of disability. The ADA defines the term disability broadly to include individuals with disabilities, individuals with a history of a disability, and individuals regarded as having disabilities whether they have one or not. The ADA protects alcoholics and drug addicts who are in recovery, but does not protect individuals who are actively abusing drugs or alcohol.

The ADA requires “covered entities”—including labor unions, employment contractors, and private companies and state and local governments with 15 or more employees—to provide reasonable accommodations to qualified individuals with disabilities so that they can perform the essential functions of their jobs. Employers need not provide whatever accommodations individuals with disabilities identify. Rather, employers need to negotiate with individuals with disabilities to settle on reasonable accommodations. They do not need to provide accommodations that would impose undue burdens. The ADA limits the types of questions that employers can ask of individuals with disabilities, and governs employers’ requirement and use of medical and other tests.

Individuals with disabilities who believe they have been unlawfully discriminated against can bring claims against their employers with the Equal Employment Opportunity Commission (EEOC) or the state counterpart. In addition, the Attorney General may enforce the ADA by bringing lawsuits when there is a pattern or practice of unlawful discrimination. Under the ADA, plaintiffs may seek a variety of remedies including injunctions, damages, and even compensatory and punitive damages in cases of intentional discrimination.