How does the Americans with Disabilities Act Protect You?

Since 1990, the Americans with Disabilities Act (ADA) has protected Americans against disability-related discrimination by making it illegal for any employer to discriminate against a qualified job applicant on the basis of their disability.

The ADA defines a disability simply as a mental or physical impairment that limits a persons ability in any given major life activity. Any form of disability, according to the ADA, cannot be used by employers as a reason to discount a job applicant, if that applicant meets all the employer’s requirements for the position. This includes any education, training, experience, skills and qualifications that are needed by a successful candidate. However, the employer is allowed to refuse employment if the applicant is unable to carry out the “essential functions” of the position, either with or without the help of any aids, which are known as “reasonable accommodation”.

Reasonable accommodation refers to equipment that can be used by a disabled person to help them carry out essential job functions. An employer is obliged to provide these facilities only if they are not prohibitively expensive or difficult to obtain. Reasonable accommodations might include providing a sign language interpreter for a deaf candidate, or computer software or Braille facilities for a blind person who requires these things to help them perform essential job functions.

Note, however, that in some cases this stipulation does not apply. For example, if a candidate has severe dyslexia, they may want to request that a written test be modified to a verbal format. Whether or not this is a reasonable accommodation depends on the job they are applying for. If it were for an editing or proofreading position, for example, this would not necessarily be a reasonable accommodation, because the job itself requires accurate reading skills.

If you wish to apply for a position that will require any accommodations be made either for the interview or for the job, it’s important to let an employer know as soon as possible. However, you are not required to do this to qualify for protection under the ADA. Therefore, if you do not require any accommodation for an interview, it is often more prudent to put off mentioning a disability until the interview.

If you believe an employer has refused to hire you because of a disability or has refused a request for reasonable accommodation, you must contact the US Equal Employment Opportunity Commission within 180 days of the incident if you want to take the matter further.

Also, please review our Tools to Find a Job section.  If you need more help, please consider using a Career Counselor.