Americans with Disabilities Act: Guidance for Employers


Summary

This practice note addresses requirements that employers need to know to comply with Title I of the Americans with Disabilities Act of 1990 (ADA) and amendments to it by the ADA Amendments Act of 2008 (ADAAA) (42 U.S.C. § 12101 et seq.). It also discusses enforcement of the ADA and defenses to ADA claims. The ADA prohibits most private and public employers from discriminating on the basis of disability in the workplace. In this respect, it closely resembles Title VII of the Civil Rights Act of 1964 (Title VII). The ADA, however, goes further and requires covered employers to make reasonable accommodations for individuals who suffer from a disability, unless the accommodation would impose an undue hardship on the employer. As shown in the graph below, between 2011 and 2020, plaintiffs have filed on average 4,317 ADA claims per year against employers.