The Americans with Disabilities Act (ADA)
The Americans with Disabilities Act (ADA) is a federal designed to remove barriers to employment for qualified individuals with disabilities by prohibiting discrimination in the workplace and is to be applied on a case-by-case basis.
Our site also provides resources with detailed information about this complex area of law. For legal advice regarding an actual employment situation, employers should consult an attorney experienced in the application of state and federal anti-discrimination laws.
Topics covered in this section include:
- Recent changes to the ADA: The ADA Amendments Act of 2008
- Requirements of the Americans with Disabilities Act
- Businesses subject to the ADA
- Definition of disability
- Questions employers can and cannot ask of job applicants
- How the FMLA overlaps with the ADA
Recent changes to the ADA: The ADA Amendments Act of 2008
In 2008, Congress amended the Americans with Disabilities Act to restore the original intent of the legislation and overrule several recent Supreme Court decisions interpreting the law. Many of the changes made in the Americans with Disabilities Act Amendments Act of 2008 (Public Law 110-325) deal with the definition of disability. These changes are not yet reflected in the EEOC regulations, but must be followed by businesses seeking to comply with the ADA.
Requirements of the Americans with Disabilities Act
The ADA requires that employers refrain from discrimination against qualified persons with disabilities.
Businesses subject to the ADA
The ADA applies to businesses with 15 or more employees while the Fair Employment Practices Law, a Massachusetts civil rights law also know as Chapter 151B, applies to employers with 6 or more employees. Although Chapter 151B is very similar to the ADA, there are specific situations in which the two laws have different requirements. Links to resources for more information on Chapter 151B are listed in Resources below.
Definition of disability
The ADA does not contain a list of medical conditions or diagnoses that are considered disabilities. Instead, the law defines disability as a physical or mental impairment that substantially limits one or more of the major life activities of such individual. In addition, the term disability includes having a record of such an impairment or being regarded as having such an impairment.
Next steps
- Consider whether there are steps your company could take to ensure that its facilities and operations are in full compliance with the spirit and letter of the law.
- Several programs such as The New England Disability and Business Technical Assistance Center and Windmills Program offer valuable trainings.
- Consult an attorney experienced in this area of law with additional questions about the ADA, generally, or with regard to a specific situation.
Resources
United States Equal Employment Opportunity Commission (EEOC)
- EEOC Notice regarding the Americans with Disabilities Act (ADA) Amendments Act of 2008
- EEOC: Facts about the Americans with Disabilities Act
- EEOC: Americans with Disabilities Act: Questions and Answers
- EEOC Enforcement Guidance: Reasonable Accommodations and Undue Hardship Under the Americans with Disabilities Act
- Small Employers and Reasonable Accommodation
- ADA Update: A Primer for Small Business
- Equal Employment Opportunity Commission's Federal Register - Volume 76, No. 58
Technical Assistance Centers
- Of particular interest to employers may also be the following PDF publication: The Job Accommodation Network’s Employers’ Practical Guide to Reasonable Accommodation Under the Americans with Disabilities Act
- The Southeast DBTAC has several helpful fact sheets for employers, called Employer Tidbits, on a comprehensive list of topics including reasonable accommodations, essential job functions, and myths and facts.
State Resources
- The Massachusetts Commission Against Discrimination is the state's chief civil rights agency and provides outreach, training and law enforcement.
- The Massachusetts Fair Employment Act applies to businesses with six or more employees and prohibits discrimination on the basis of disability.
Resources for the Fair Employment Practices Law can be found at:
