The Americans with Disabilities Act (ADA) is a law that protects the rights of those with disabilities, enforcing accessibility and preventing discrimination.
While the ADA applies to many areas, we are focused on how it impacts workplaces and employment across the U.S.
More than 50 million Americans live with disabilities recognized by the ADA, making this one of the most important pieces of legislation in protecting employee rights.
We provide all the information about the ADA that you need to know. If you believe that your employer has violated the Americans with Disabilities Act, you may be able to file a lawsuit. Contact our expert employment lawyers at Bisnar Chase for a free consultation.
Americans with Disabilities Act Resources
What is the Americans with Disabilities Act?
The Americans with Disabilities Act is a civil rights law that has been in effect since 1990. Its main purpose is to ensure that people with disabilities have the same rights and opportunities as everyone else.
While we focus mainly on its impact on employment issues, the ADA is comprehensive and covers five different areas. These are divided into ‘titles’ under the law.
- Employment (Title I)
- State and Local Government (Title II)
- Public Accommodations (Title III)
- Telecommunications (Title IV)
- Miscellaneous Provisions (Title V)
We will explore each of these areas in more detail. But at its core, the Americans with Disabilities Act provides basic standards. Put simply, it ensures that those with mental and physical disabilities get equal access to products, services, and opportunities.
It guarantees everyone access to public and private venues, access to public transport, proper consideration for jobs without discrimination, reasonable accommodations in various sectors, and much more.
The ADA goes into great detail. For example, it maps out precise guidance on the grade of ramp required for accessibility, the width required for accessible parking spaces, and the length of toilet stall grab bars, among many other points.
On this page, we take an in-depth look at the ADA and, in particular, its impact on employment. We look at who is covered, why the law is important, its real-world impact, and what you should do when your ADA rights are violated.
History of the ADA
The first draft of the Americans with Disabilities Act legislation was introduced in 1988. It was developed from a draft created by the National Council on Disability based on the need for protections raised by members of the disabled community.
People were asked to log their experiences in ‘discrimination diaries’ to show the need for new laws. After the bill was introduced, a large team of lawyers and advocates was assembled to tackle any legal issues and ensure it was passed.
It was a long process, and the legislature did face opposition. For example, business associations rallied against it, fearing the cost of creating disabled access. But the campaigners never wavered, and the Americans with Disabilities Act of 1990 was passed in July of that year.
Disability Definition: Who is Covered by the ADA?
To be protected by the ADA, a person must have some form of disability. But how does the law define disability? Those protected by the ADA are:
- Someone with a mental or physical impairment that substantially limits one or more major life activities.
- A person with a history or record of mental or physical impairment.
- Someone who is perceived by others as having an impairment.
What are Major Life Activities?
The disability definition given by the ADA references anything that impairs major life activities. But what are major life activities? They include:
- Communicating.
- Seeing.
- Sitting.
- Walking.
- Reading.
- Working.
The Americans with Disability Act creates some leeway by not naming all of the conditions that qualify. This means that no one is excluded if their impairment is not named. As long as it fulfills the criteria above, it may qualify for ADA protection.
That said, typical examples of disabilities include:
- Blindness.
- Deafness.
- Autism.
- Cerebral Palsy.
- Epilepsy.
- Missing limbs (partial or complete).
- Mobility issues.
- Intellectual impairment.
- Mental health disorders, such as depression, bipolar disorder, PTSD, and OCD.
- Cancer.
- Diabetes.
- Muscular issues.
The ADA can include many more conditions. But the list above provides a sample of how extensive the Americans with Disabilities Act is in its scope to protect people.
If a condition is substantial enough to impact your ability to work (or perform other major life activities), it could qualify as a disability.
The Powers of the Americans with Disabilities Act
Each of the titles we listed earlier has specific functions under the ADA law.
Title I: Employment
- Title I applies laws to many workplaces across the U.S.
- Qualified workers with disabilities must be given equal employment opportunities.
- Employers cannot discriminate over hiring, pay, promotions, or social activities.
- Questions that can be asked about a candidate’s disability are restricted.
- Employers must make reasonable accommodations to help a worker with a disability perform their duties.
- The law applies to employers with at least 15 employees.
Title II: State and Local Government
- Title II deals mainly with government buildings and services.
- Those with disabilities must have equal access to state and local government programs and operations.
- The services covered by Title II include education, transportation, recreation, healthcare, social services, voting, courts, and town meetings.
- Government programs must be held in accessible locations.
- New government buildings must be accessible, and older buildings should be altered if possible.
- Public entities do not have to take action if it would cause undue financial issues.
- All public transport branches must comply with accessibility guidelines.
Title III: Public Accommodations
- Title III provides laws for privately operated businesses.
- The law applies to restaurants, hotels, private schools, retail stores, doctors’ offices, sports stadiums, movie theaters, and more.
- Buildings must be accessible to prevent discriminatory exclusion.
- Venues must provide means of communication for people with vision, hearing, or speech disabilities.
- Barriers to full inclusion should be removed in existing venues and buildings when it is reasonable and affordable to do so.
Title IV: Telecommunications
- Title IV refers to television and telephone access for those with speech, vision, and hearing difficulties.
- Phone companies must provide telecommunications relay services (TRS). These allow callers with hearing and speech disabilities to communicate with others by phone through a third-party communications assistant.
- The Federal Communications Commission sets the standards for TRS services.
- TV closed captioning must be added to all public service announcements.
Title V: Miscellaneous Provisions
- Title V is less focused than the other areas of the ADA, covering several miscellaneous areas.
- It primarily concerns legal issues concerning the ADA, including its relation to other laws, its impact on benefits and insurance providers, laws against retaliation, attorney fees, and more.
What Does the Americans with Disabilities Act Mean for Employment Law?
The ADA is hugely important in all of the sectors it touches. But as labor law attorneys, we focus on its impact on the workplace.
These laws impact every part of the employment process, from applying and hiring to day-to-day operations.
ADA Protection for Job Applicants
In a time before the Americans with Disabilities Act was passed into law, some employers were quick to make the easy decision rather than the right one.
When hiring a new employee, a company may once have avoided a disabled candidate. Some feared a lack of productivity or believed that they would have to make expensive or time-consuming concessions.
But these biases are unfair. Under the ADA, a qualified candidate must be given equal consideration, no matter their disability.
The qualified part is important. People do not get jobs just because they are disabled. They earn the role by being the right fit for the job and must be allowed to do so without being hampered by preconceived biases.
Job candidates must know their rights. A potential employer is restricted when it comes to asking about your disability before you are hired.
ADA Protection in the Workplace
Once you are hired, the ADA still provides plenty of protection against discrimination. It brings disabilities under a protected class, in the same way that age, race, sex, and religion cannot be factored into employer decisions.
Importantly, it gives workers equal rights regarding pay, promotions, and even social activities organized under the work banner.
In addition, the ADA requires employers to make reasonable accommodations for workers with disabilities. A reasonable accommodation is an adjustment to the working environment to help an employee with a disability do their job.
What are Reasonable Accommodations for Disabled Workers?
Employers are required to provide reasonable accommodations to workers and job candidates. But what does that mean?
A reasonable accommodation is a change to the hiring or work process that allows a candidate or worker to enjoy equal opportunities and to perform the essential tasks or functions of the job. The following are examples of allowances that could be made:
- Provide close reserved parking for better access.
- Alter job tasks.
- Improve workplace accessibility.
- Provide equipment, such as a desk with adjustable height to accommodate a wheelchair user.
- Allow a flexible work schedule.
- Make concessions in allowing workers to sit while they complete their duties.
An accommodation is reasonable if it does not directly threaten or create an undue hardship for the business.
Americans with Disabilities Act Amendments Act
The original ADA was passed into law in 1990. But the law has evolved since then. In January 2009, the ADA Amendments Act (ADAAA) went into effect, providing a significant update.
The most important aspect of the amendment was to widen the scope regarding the definition of disability.
Before the amendment, several legal cases saw the Supreme Court make decisions based on a narrow interpretation of the term disability under the ADA. These decisions included a refusal to acknowledge conditions such as cancer, epilepsy, and diabetes as disabilities.
While the core definition of a disability remained the same, the amendment ruled that any impairment that “substantially limits” at least one life activity could be ruled a disability.
This subtle change provided greater protection and gave victims a better chance of filing a successful lawsuit against a person or employer who is discriminating against them.
Why is the ADA Important?
The Americans with Disabilities Act is crucial for several reasons. It is essential in many areas of life, particularly the workplace.
For example, it helps to create a diverse and inclusive working environment with equal opportunities for people across the U.S. We can all agree that job candidates and workers should be free from discrimination, and this law is a key part of enforcing that.
In addition, it provides accessibility and accommodations, awareness and education, and a legal avenue for those with disabilities. Offering equal rights is a pillar of our society.
Disability discrimination in the workplace – or anywhere else, for that matter – is not acceptable. The ADA is so important because it helps to banish disability discrimination and holds wrongdoers accountable.
Beyond that, the ADA even helps to revitalize workplaces through diversity and inclusivity. The law naturally creates more diverse workforces and teams, improving productivity, creativity, and job satisfaction.
What is the U.S. Equal Employment Opportunity Commission (EEOC)?
The U.S. Equal Employment Opportunity Commission (EEOC) is a government body that is responsible for enforcing laws like the ADA.
Workplace discrimination comes in many forms. People can be discriminated against for a disability, their race, age, color, religion, sex, gender, sexual identity, and more. These are all protected classes, with laws to prevent prejudice against them. It is the job of the EEOC to uphold those laws.
The following are some of the key points that you need to know about the EEOC:
- Employers with 15+ employees are covered by EEOC laws such as the Americans with Disabilities Act.
- The EEOC can investigate discrimination in hiring, firing, harassment, promotions, training, benefits, wages, and more.
- EEOC agents can investigate charges against any employer or company under their purview.
- If an investigation reveals disability-based discrimination according to the ADA, the EEOC may seek a settlement for the victim.
- When a settlement cannot be reached, the EEOC will sometimes file a lawsuit and pursue the case itself. This is generally done in more prominent public interest cases.
- For smaller cases, the EEOC might confirm a charge of discrimination. The victim can then work with an employment attorney to hold their employer accountable.
- The EEOC also carries out education and outreach programs to make employers aware of the law and prevent discrimination from happening in the first place.
You can contact an EEOC field office to find out if your case could qualify for a federal investigation. You should also contact our labor law attorneys at Bisnar Chase for a free consultation and outstanding legal guidance.
California State Disability Laws
The ADA is a federal law that applies to employers and workers across the United States. But California also has state laws that protect the rights of people with disabilities. The state laws only apply to businesses and employees in California.
Important California laws regarding workplace disability rights include the following:
Fair Employment and Housing Act of 1959 (FEHA)
The Fair Employment and Housing Act was created in 1959. Essentially, it is the California equivalent of the Americans with Disabilities Act.
California’s FEHA law was passed several decades before the ADA. As with its federal counterpart, it is designed to ensure that everyone receives discrimination-free employment opportunities and workplace rights.
The introduction of the ADA sparked updates to the existing FEHA legislation, ensuring that the state law covered most of the ground that the ADA does.
At first, FEHA was enforced by the Department of Fair Employment and Housing. In 2022, it was renamed the California Civil Rights Department (CRD). If you believe that your workplace rights have been violated, you should consider contacting the CRD.
The Unruh Civil Rights Act
The Unruh Act was also enacted in 1959 and was named after its author, California politician Jesse M. Unruh.
It prevents any business in California from discriminating against consumers based on a wide range of statuses, including disabilities. In addition, the California Supreme Court has made several rulings enforcing that the protection extends to classes not explicitly named in the law.
The Unruh Act applies to all business dealings in California. It demands: “Full and equal accommodations, advantages, facilities, privileges or services in all business establishments.”
For example, disability access violations for customers count under the Unruh Act. Treatment, withheld services, and other actions are also covered.
The ADA vs. FEHA
What is the difference between the Americans with Disabilities Act and the Fair Employment and Housing Act?
We already know that these two laws are very similar in scope, with FEHA being a California state law and the ADA being a nationwide federal law. But there are some key differences.
- The main difference is that the definition of a disability is broader in the FEHA. FEHA defines a disability as a mental or physical impairment that limits a life function. As such, it can include conditions such as anxiety or irritable bowel syndrome.
- FEHA provides a function under which it defaults to the broadest definition of disability based on the employee’s circumstances. This means it defaults to the ADA definition if that is better for the victim. Through this feature, the employee always gets the best possible protection.
- ADA regulations only apply to businesses with 15 or more employees. In contrast, the FEHA law extends to small companies with 5+ employees.
- The FEHA has no limit on the compensation an employee can recover through legal action. There are limitations on ADA violation payouts.
- Under both laws, employers must provide reasonable accommodations for the working conditions of a disabled employee. But the accommodations are broader under FEHA.
In most cases, the Fair Employment and Housing Act provides greater protection for disabled workers in California because it grants slightly more rights.
It is important to note that workers have the right to take action against their employers through whatever laws provide the greater protections or measures for their specific circumstances, whether that is the ADA or the FEHA.
Statistics Relating to the Americans with Disabilities Act
The statistics show exactly why the ADA is so important. A huge number of people live with disabilities in the United States and depend on the ADA to give them equal opportunities.
- According to the CDC, about 26% of adults in the United States have some form of disability.
- The number of people with disabilities in the U.S. is about 54-60 million.
- The graph below shows the percentage of the population with certain types of disabilities.
- More than 12% of Americans have mobility issues, while 12.8% have cognitive issues, causing problems with concentration, recall, and decision-making. Over 7% have trouble living or doing errands independently, 6.1% have hearing issues, 4.8% have difficulty seeing even with glasses, and 3.6% of American adults cannot look after themselves.
- As of 2022, more than 20% of people with a recognized disability are employed.
- In addition, 70% of disabled workers have full-time employment.
- The current employment rate for people with disabilities is the highest since this statistic has been recorded (the last 15 years).
- The rise in disabled employment is partially attributed to the growth of working from home in recent years.
ADA Lawsuits
- The ADA litigation numbers have risen steadily over the last decade, with more than 11,400 cases filed due to ADA violations in 2021. After a dip in 2022, the numbers are expected to rebound in 2023.
- The rising numbers shown in the graph only include ADA Title III lawsuits, not Title I employment action. But it shows a clear trend.
- California has the second-highest ADA lawsuit rate behind New York.
With tens of millions of people with disabilities across the U.S. and many of those people in part-time or full-time employment, we can see how important it is for laws such as the ADA and FEHA to provide safe and equal-opportunity workplaces.
Examples of Workplace ADA Violations
Many people with disabilities have fallen victim to ADA violations committed by their employers. Below are just some instances that might qualify as an ADA violation in the eyes of the law.
- Employers failing to make business locations accessible, such as not installing wheelchair ramps.
- Refusing to hire a qualified candidate based on their disability.
- A lack of reasonable accommodations, such as disabled-access restrooms and accessible parking spots.
- Imposing costs or fees on workers with disabilities to pay for reasonable accommodations.
- Business locations that are not fit for purpose, with elevators that are consistently out of order or narrow staircases and hallways that do not allow for proper movement.
- Firing or failing to promote a worker for discriminatory reasons.
- Failing to provide systems to compensate for visual, speech, or hearing disabilities.
- Workplace harassment, including offensive or negative jokes and remarks about a disability or other verbal or physical behavior.
If you believe your ADA rights may have been violated, contact our dedicated employment attorneys at Bisnar Chase. We have decades of experience and are here to help.
How an ADA Lawsuit Works: Burden of Proof
When you file a lawsuit over an ADA violation in the workplace, the burden of proof is on the plaintiff. This means that there are several points that you must prove to win your claim.
The burden of proof may change depending on the reason for your claim. For example, to prove a disability discrimination claim, you must show:
- The plaintiff has a legally defined disability.
- That the plaintiff is qualified for the job they hold or are applying for.
- The business made an adverse employment decision because of the plaintiff’s disability.
In a case involving reasonable accommodations for a disabled employee in the workplace, the burden of proof is slightly different.
- The plaintiff has a disability.
- The defendant (the business) knew or should have known about the disability.
- Any requested accommodations “may be necessary to afford the employee equal opportunity.”
- Requested accommodations are reasonable.
- The defendant refused to make the accommodations.
The burden of proof may be different again if the legal issue involves accessibility. It is best to contact an attorney to find out if you have a case.
Our employment lawyers at Bisnar Chase provide a free consultation with no obligations. Explain the details of your claim to our team, and we will provide expert legal guidance.
Financial Compensation in an ADA Violation Case
If you successfully file a legal claim over an ADA violation, how much money could you receive?
As always, the answer to this question depends on the details of your claim. But it also depends on several other factors, including the size of the employer you are dealing with and the law under which you file a claim.
The Americans with Disabilities Act limits the amount of compensation a person can receive. Under ADA Title I employment claims, the limits are based on company size. They are as follows:
- 15-100 employees: When suing a company with 15-100 employees, you can receive compensation and punitive damages up to a maximum of $50,000.
- 101-200 employees: A lawsuit against a company with up to 200 employees can bring up to $100,000 in compensation.
- 201-500 employees: ADA violations by companies with up to 500 employees can be worth up to $200,000 in compensatory and punitive damages.
- 500+ employees: The largest companies might be liable for up to $300,000 if they violate ADA laws.
The above amounts are maximum compensation caps rather than the amount you should automatically expect. Compensation will always depend on the circumstances of a specific case.
It should be noted that California’s Fair Employment and Housing Act does not have a cap on compensation.
Non-Workplace ADA Lawsuits
Outside of the workplace, some ADA claims will result in a settlement or decision that only requires a business to fix the problem and pay the plaintiff’s legal fees.
This is seen mainly in cases involving a disabled person filing a claim against a business that they visit, such as a restaurant.
There are instances of some individuals with disabilities filing hundreds of lawsuits per year against such businesses. Critics say that these individuals are taking advantage of the law to make easy money from the businesses, putting them under financial strain as a result.
While that may be the case in some instances, it should be noted that filing a lawsuit is an effective way of forcing a business to better its practices and become legally compliant. It is a shame that the burden of enforcement falls on those with disabilities themselves.
Record-Breaking ADA Employment Case
EEOC v. Hill Country Farms, Inc. produced the largest-ever ADA lawsuit victory for workers with disabilities, with the jury awarding $240 million to the plaintiffs in 2013.
The defendant, an Iowa-based turkey processing company, was accused of discriminating against workers with intellectual disabilities.
Hill Country Farms was found to have paid workers with disabilities less than its other employees. They were also called names, physically abused, disciplined, and given the worst job assignments. In addition, the workers with disabilities were given poor living quarters and were denied medical attention and rest breaks.
Due to the large scale of the claim, the EEOC took the case to trial itself. It represented 32 employees, each of whom was awarded $5 million in compensatory damages and $2 million in punitive damages.
The actual amount the plaintiffs received is capped by the ADA, but it was seen as a symbolic victory for employees with disabilities.
Website Access Under the ADA
In recent years, about 20% of ADA lawsuits have been filed due to business websites that do not meet ADA laws.
Under the ADA, a website should work with screen readers and other similar technology. But many businesses do not realize this is a requirement.
Obviously, businesses should make any services as accessible as possible. However, it should also be noted that the ADA does not have any specific language relating to web content accessibility yet.
Furthermore, in 2022 the California Supreme Court set a precedent by ruling that websites are not public accommodations under the ADA. This means that a restrictive website is not intentional discrimination, and lawsuits cannot be filed against online businesses.
FAQs about the Americans with Disabilities Act
We answer some of the most frequently asked questions below. If you have questions that we have not answered on this page, please do not hesitate to get in touch with us.
What is considered disability discrimination at work?
Disability discrimination can include a range of actions against qualified candidates or employees. These include firing someone, failing to promote them or give them equal opportunities to other staff, or refusing to hire them due to their disability. It can also include physical or verbal harassment.
What is NOT a reasonable accommodation?
Employers are required to provide reasonable accommodations to ensure equality for workers. It is not a reasonable accommodation if it puts the business at risk or causes undue hardship.
Does anxiety qualify as a disability?
High-level anxiety disorders can qualify as disabilities, according to the ADA. To reach the level of a disability, a person’s anxiety must substantially impact at least one major life activity.
What is a business necessity under the ADA?
A business necessity is a requirement for a job. For example, a company could require candidates to have a degree. A business necessity allows companies to be restrictive in their hiring practices. However, a business necessity cannot mention a disability. If a candidate is qualified for a position according to the business necessities, they must be considered, regardless of disability status.
What to do When an Employer Violates Your ADA Rights
When you believe you may have been the victim of workplace discrimination due to a disability, it is time to consider legal action.
Record any instances of discrimination you face as best you can, and contact Bisnar Chase for a free consultation today. Our employment law department focuses solely on workplace violations, holding employers accountable when they fail to abide by laws such as the Americans with Disabilities Act.
Some of the factors that come into play in a disability discrimination lawsuit include:
- The type and level of discrimination.
- Proof of your disability.
- Evidence showing the discrimination against you.
- Witness testimonies and other proof that supports your claim.
- The company’s track record in discrimination can also have an impact. But a lack of past wrongdoing does not mean that an employer is innocent now.
Our attorneys will access the details of your claim free of charge. If we can take your case, we will conduct a full investigation and assemble the evidence required to win.
The ADA and FEHA laws can be complex. Working with an employment law firm with a strong track record, such as Bisnar Chase, will greatly increase your chances of success.
You can call us, use our website live chat, or email us to get feedback on your claim from a qualified representative.
Best Employment Lawyers Near Me
Bisnar Chase is a top-rated personal injury and employment law firm based in Newport Beach, California. We have won cases for clients based all across California and are here to earn maximum compensation for you.
Our skill and track record sets us apart from other firms.
- Our law firm has been operating since 1978, with more than four decades of experience.
- Bisnar Chase has a 99% success rate.
- We have won more than $800 million for our clients.
- Our attorneys are equally comfortable negotiating a settlement or going to trial. We do whatever is best for your case and have the resources to take your claim all the way.
- Offices in Orange County, Los Angeles, Riverside, San Bernardino, and San Diego, with the resources to take on cases across the state.
- Offering a free consultation with no obligations and a no win, no fee promise.
- We have the awards and reviews to back up our excellent reputation.
You need a firm with experience handling cases just like yours with the willingness and resources to go to trial when necessary.
Not all law firms fit this criteria, but Bisnar Chase does. We have a top track record with employment law cases and are here to help.
Contact our labor law attorneys today to find out if you have a case. Call (800) 561-4887 to speak to a representative immediately. You can also use our website live chat or send us an email to submit your details. We look forward to hearing from you.
