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What is the ADA in employment?

LiveRec EditorialUpdated

The ADA in employment refers to the Americans with Disabilities Act, the US law that bars disability discrimination by covered employers, generally those with 15 or more employees. It requires reasonable accommodation for qualified applicants and employees unless that would cause undue hardship, and it limits disability questions before a job offer.

Reasonable accommodation

The EEOC describes accommodations as changes to the way things are usually done, such as schedule changes, telework or reassignment to a vacant position. An employer cannot refuse an accommodation only because it costs something, but may decline if it would be too difficult or too expensive, judged by its size, resources and business needs.

Hiring questions

Before a job offer, an employer may not require disability-related questions or a medical exam. It may ask whether you can perform the job, with or without accommodation. This is why interview guides stick to job duties.

Example

An applicant tells a hiring manager she needs a change to the interview schedule because of a medical condition. The employer agrees to a different time and still asks every candidate the same job-related questions.

Sources

This is general information, not legal, tax or immigration advice. Rules change and your situation may differ. Consult a licensed attorney or qualified adviser.