The U.S. Equal Employment
Opportunity Commission
Title I of the Americans with
Disabilities Act of 1990 (ADA) makes it unlawful for an employer to discriminate
against a qualified applicant or employee with a disability. The ADA applies to
private employers with 15 or more employees and to state and local government
employers. The U.S. Equal Employment Opportunity Commission (EEOC) enforces the
employment provisions of the ADA.
The ADA defines an individual
with a disability as a person who: (1) has a physical or mental impairment that
substantially limits a major life activity, (2) has a record or history of a
substantially limiting impairment, or (3) is regarded or perceived by an
employer as having a substantially limiting impairment.
An applicant with a disability,
like all other applicants, must be able to meet the employer's requirements for
the job, such as education, training, employment experience, skills, or
licenses. In addition, an applicant with a disability must be able to perform
the "essential functions" of the job the fundamental duties either on
her own or with the help of "reasonable accommodation." However, an employer
does not have to provide a reasonable accommodation that will cause "undue
hardship," which is significant difficulty or expense.
This fact sheet addresses common
questions about how the ADA protects applicants with disabilities. The
information in this fact sheet also applies to applicants for federal
employment, who are protected from discrimination by Section 501 of the
Rehabilitation Act. Section 501's requirements are the same as those that apply
to employers covered by the ADA. There are many other documents, some of which
are listed at the end of this fact sheet, that provide more in-depth
information about the employment rights of individuals with disabilities.
Reasonable
Accommodation for the Application Process
Asking for
Accommodation
Discussing
Disability with the Potential Employer
Discussing
Accommodation to Perform the Job
Being
"Qualified" for the Job
Obtaining More
Information about the ADA
Filing a
Charge of Discrimination
1. I have a disability
and will need an accommodation for the job interview. Does the ADA require an
employer to provide me with one?
Yes. Employers are required to
provide "reasonable accommodation" -- appropriate changes and
adjustments -- to enable you to be considered for a job opening. Reasonable
accommodation may also be required to enable you to perform a job, gain access
to the workplace, and enjoy the "benefits and privileges" of
employment available to employees without disabilities. An employer
cannot refuse to consider you because you require a reasonable accommodation to
compete for or perform a job.
2. Can an employer refuse
to provide me with an accommodation because it is too difficult or too
expensive?
An employer does not have to
provide a specific accommodation if it would cause an "undue
hardship" that is, if it would require significant difficulty or expense.
However, an employer cannot refuse to provide an accommodation solely because
it entails some costs, either financial or administrative.
If the requested accommodation
causes an undue hardship, the employer still would be required to provide
another accommodation that does not.
Example: A trucking company conducts job
interviews in a second floor office. There is no elevator. The company calls Tanya
to arrange for an interview for a secretarial position. She requests a
reasonable accommodation because she uses a wheelchair. Installing an elevator
would be a undue hardship, but the employer could conduct the interview in a
first floor office. The employer must move the location of the interview as a
reasonable accommodation.
3. What are some examples
of "reasonable accommodations" that may be needed during the hiring
process?
Reasonable accommodation can take
many forms. Ones that may be needed during the hiring process include (but are
not limited to):
Example: John is blind and applies for a job as a
customer service representative. John could perform this job with assistive
technology, such as a program that reads information on the screen. If the
company wishes to have John demonstrate his ability to use the computer, it
must provide appropriate assistive technology as a reasonable accommodation.
Example: An employer requires job applicants to
line up outside its facility to apply for a job, a process that could take
several hours. Tara has multiple sclerosis and that makes her unable to
tolerate prolonged exposure to temperatures in the 90's. Tara therefore
requests that she be allowed to wait indoors where it is air conditioned until
the human resources department is ready to take her application. The employer
would need to modify its hiring procedure to accommodate Tara.
4. Because of my learning
disability, I need extra time to complete a written test. Does the ADA require
an employer to modify the way a test is given to me?
Yes. An employer may have to
provide testing materials in alternative formats or make other adjustments to
tests as an accommodation for you. The format and manner in which a test is
given may pose problems for persons with impaired sensory, speaking, or manual
skills, as well as for those with certain learning disabilities. For example,
an applicant who is blind will not be able to read a written test, but can take
the test if it is provided in braille or the questions are tape recorded. A
deaf person will not understand oral instructions, but these could be provided
in a written format or through the use of a sign language interpreter. A
30-minute timed written test may pose a problem for a person whose learning
disability requires additional time.
Thus, the ADA requires
that employers give application tests in a format or manner that does not
require use of your impaired skill, unless the test is designed to measure that
skill.
Example: An employer gives a written test for a
proofreading position. The employer does not have to offer this test in a
different format (e.g., orally) to an applicant who has dyslexia because the
job itself requires an ability to read.
Example: An employer gives a written test to
learn about an applicant's knowledge of marketing trends. Maria is blind and
requests that the test be given to her in braille. An individual's knowledge of
marketing trends is critical to this job, but the employer can test Maria's
knowledge by giving her the test in braille. Alternatively, the employer could
explore other testing formats with Maria to determine if they would be
effective for example, providing a reader or a computer version of the test.
5. When do I have to tell
an employer that I need an accommodation for the hiring process?
It is best to let an
employer know as soon as you realize that you will need a reasonable
accommodation for some aspect of the hiring process. An employer needs
advance notice to provide many accommodations, such as sign language
interpreters, alternative formats for written documents, and adjusting the time
allowed for taking a written test. An employer may also need advance notice to
arrange an accessible location for a test or interview.
6. How do I request a
reasonable accommodation?
You must inform the employer that
you need some sort of change or adjustment to the application/interviewing
process because of your medical condition. You can make this request orally
or in writing, or someone else might make a request for you (e.g., a
family member, friend, health professional, or other representative, such as a
job coach).
7. What happens after I
request an accommodation?
The employer may need to discuss
your request more fully in order to understand your disability and why you need
an accommodation. You should respond to the employer's questions as
quickly as possible and be sure to explain how a proposed
accommodation would enable you to participate fully in all aspects of the
application/interviewing process. If your disability and need for accommodation
are not obvious, the employer may ask you for reasonable documentation explaining
the disability and why an accommodation is needed.
Example: A department store requires applicants
to take a written test. Rodney has dyslexia and requests that the test be read
to him as a reasonable accommodation. The human resources associate is unfamiliar
with dyslexia and requests information about the condition and why the
accommodation is necessary. Rodney must provide this information.
8. I asked for a specific
accommodation, but the employer offered me a different one instead. Do I have
to accept it?
An employer has to offer an
accommodation that will meet your needs. If more than one accommodation meets
your needs, then the employer may choose which one to provide. You cannot
insist on a specific accommodation only because it is a personal preference. If
the employer's proposal does not meet your needs, then you need to explain why.
Example: Charles is blind and asks that a written
test be read to him as a reasonable accommodation. The employer proposes to
provide Charles with a braille version of the test, but Charles explains that
he cannot read braille. Thus, a braille version would not be an effective
accommodation. The employer then proposes to provide Charles with an audiotape
version of the test. While Charles preferred to have someone read the questions
to him, the audiotape version meets his needs and thus is acceptable as a
reasonable accommodation.
The ADA prohibits employers from
asking questions that are likely to reveal the existence of a disability before
making a job offer (i.e., the pre-offer period). This prohibition covers
written questionnaires and inquiries made during interviews, as well as medical
examinations. However, such questions and medical examinations are permitted
after extending a job offer but before the individual begins work (i.e.,
the post-offer period).
9. What are examples of
questions that an employer cannot ask on an application or during an interview?
Examples of prohibited questions
during the pre-offer period include:
10. May the employer ask
me these questions after making a job offer?
Yes. An employer can ask all of
the questions listed in Question 9, and others that are likely to reveal the
existence of a disability, after it extends you a job offer as long as it asks
the same questions of other applicants offered the same type of job. In
other words, an employer cannot ask such questions only of those who have
obvious disabilities. Similarly, an employer may require a medical
examination after making a job offer as long as it requires the same medical
examination of other applicants offered the same type of job.
11. May an employer ask
me whether I will need a reasonable accommodation for the hiring process?
Yes. An employer may tell all
applicants what the hiring process involves (for example, an interview, timed
written test, or job demonstration), and then ask whether they will need a
reasonable accommodation for this process. (See Question 16 for a discussion
about employers asking about an applicant's need for reasonable accommodation
for the job.)
12. I have an obvious
disability. Can an employer ask me medical questions during an interview?
No. Except as explained in
Question 15 below, an employer cannot ask questions about an applicant's
disability either because it is visible or because the applicant has
voluntarily disclosed a hidden disability.
13. After I got a job
offer, the employer had me take a medical examination in which I revealed I
have epilepsy? Can the employer withdraw my job offer?
While the employer had the right
to require a post-offer medical examination, he cannot withdraw the job offer
solely because you revealed you have a disability. Instead, the employer can
withdraw the job offer only if it can show that you are unable to perform the
essential functions of the job (with or without reasonable accommodation), or
that you pose a significant risk of causing substantial harm to yourself or
others.
Example: Darla receives a job offer to be a cook
at a hotel resort, and during the medical examination she discloses that she
has epilepsy. The hotel doctor expresses concern about Darla working around
stoves and using sharp utensils. Darla tells the doctor that her seizures are
controlled with medication and offers to bring information from her neurologist
to answer the doctor's concerns. Darla also points out that she has worked as a
cook for seven years without any incidents. The hotel will violate the ADA if
it withdraws Darla's job offer based on her epilepsy.
14. During the hiring
process, I gave the employer medical information that I do not want anyone else
to know about. Must the employer keep this information confidential?
Yes. The ADA contains
strict confidentiality requirements. Medical information revealed
during the hiring process (pre- or post-offer) must be kept confidential, with
certain exceptions. The confidentiality requirements protect both information
voluntarily revealed as well as information revealed in response to an
employer's written or oral questions or during a medical examination.
An employer may share medical
information with other decision-makers involved in the hiring process who need
it so they can make employment decisions consistent with the ADA. The ADA also
permits an employer to share medical information with the following
individuals:
An employer also may use the
information for insurance purposes.
15. May an employer ask
applicants on an application form or during an interview whether they will need
reasonable accommodation to perform the job?
Generally, no. An employer cannot
ask all applicants whether they would need reasonable accommodation to perform
a job because the answer to this question is likely to reveal whether an
applicant has a disability.
However, if the employer knows
that an applicant has a disability, and it is reasonable to question whether
the disability might pose difficulties for the individual in performing a
specific job task, then the employer may ask whether she would need reasonable
accommodation to perform that task. An employer might know that an applicant
has a disability because it is obvious or she has voluntarily revealed the
existence of one. If the applicant indicates that accommodation will be
necessary, then the employer may ask what accommodation is needed.
Example: Carl has a severe limp and uses a cane
because of his prosthetic leg. He applies for an assembly line job which does
not require employees to move around but does require that they stand for long
periods of time. The employer asks Carl about his ability to stand and whether
he will need reasonable accommodation to perform the job. Carl replies that he
will need accommodation. The employer asks Carl for examples of accommodations,
and Carl suggests two possibilities: a tall stool so that he can sit down but
still reach the conveyor belt, or alternatively, a "sit-stand" chair
which will provide support and enable him to do the job.
Also, if the employer believes an
applicant with an obvious disability will need a reasonable accommodation to do
the job, it may ask the applicant to describe or demonstrate how she would
perform the job with or without reasonable accommodation.
Example: Alberto uses a wheelchair and applies
for a job that involves retrieval of files that would seem to be beyond his
reach. The employer can show him the files and ask him to explain or
demonstrate how he would perform this task.
16. Do I have to tell the
employer during the application process that I might need an accommodation to
perform the job?
No. The ADA does not require that
an applicant inform an employer about the need for a reasonable accommodation
at any particular time, so this information need not be volunteered on an application
form or in an interview.
Determining the best
moment to tell a prospective employer about the need for reasonable
accommodation on the job is a personal decision. Sometimes, applicants are not aware they may need
a reasonable accommodation until they have more information about the job, its
requirements, and the work environment. Some applicants choose to inform an
employer during the application process after they better understand the job
and its requirements. Others choose to wait until they have a job offer.
17. What if my disability
prevents me from performing some job duties?
An employer does not have to hire
you if you are unable to perform all of the essential functions of the job, even
with reasonable accommodation. However, an employer cannot reject you
only because the disability prevents you from performing minor duties that are
not essential to the job.
Example: Wei is deaf and applies for a file clerk
position. The essential functions for this job are to file and retrieve written
materials. While the job description states that the clerk must also answer the
phone, in practice the clerk rarely does this because other employees have
responsibility for this duty. The employer cannot reject Wei solely because she
is unable to answer the phone since that is not an essential part of performing
this job.
18. Can an employer
refuse to hire me because she believes that my disability makes it unsafe for
me to perform a job?
An employer can refuse to hire
you only if your disability poses a significant risk of substantial harm to you
or others. If an employer has such concerns, he must seek appropriate
information to assess the level of risk and the nature of the harm. This can
include asking questions about prior work experience and requesting specific
information from your doctor related to health and safety.
An employer cannot refuse
to hire you based on a slightly increased risk, speculation about future risk,
or generalizations about your disability. The employer must also consider whether a risk
can be eliminated or reduced to an acceptable level with a reasonable
accommodation.
Example: An employer learns during a post-offer
medical examination that Simone has major depression. She has been offered a
high-level managerial position, but the employer is concerned that the job will
be too stressful, causing Simone's illness to worsen. But, Simone's depression
is well-controlled with medication and she has been working for two years in a
similar position with no effect on her depression or her performance. Based on
this information, Simone's disability would not pose a high level of risk of
harm and therefore the employer could not refuse to hire her based on fears
that she will experience an increased number of depressive episodes or that she
would be unable to perform the job.
19. How can I get more
information about the ADA?
You can obtain more information
about the ADA and its requirements through EEOC's website, http://www.eeoc.gov/. This website contains
documents addressing various ADA issues, including the following:
These documents can also be
obtained by calling EEOC's Publications Distribution Center at:
1-800-669-3362 (Voice)
1-800-800-3302 (TTY).
Also available from the Center is
the ADA Technical Assistance Manual, a practical and comprehensive explanation
of all of the ADA employment provisions. The Manual comes with a nationwide
resource directory. All documents are free and available in alternative
formats.
To obtain more information about
the ADA, contact the EEOC at:
(202) 663-4691 (Eastern Standard
Time, Voice)
(202) 663-7026 (TTY)
20. What can I do if I
believe an employer has violated the ADA?
If you think an employer has
denied you a job or an equal opportunity to apply for a job based on your
disability, refused your request for reasonable accommodation, or has asked you
illegal medical inquiries or required you to take an illegal medical
examination, you should contact the EEOC. A charge (complaint) of
discrimination generally must be filed within 180 days of the alleged
discrimination. You may have up to 300 days to file a charge if a state or
local law provides relief for discrimination on the basis of disability.
However, to protect your rights, it is best to contact the EEOC promptly if you
suspect discrimination has occurred.
You may file a charge of
discrimination by contacting any EEOC field office, located in cities
throughout the United States. If you have been discriminated against, you are
entitled to a remedy that will place you in the position you would have been in
if the discrimination had never occurred. This means you may be entitled to
hiring, back pay, or reasonable accommodation. You may also be entitled to
attorney's fees.
To contact the nearest EEOC
office, call:
1-800-669-4000 (Voice)
1-800-669-6820 (TTY).
(If you are an applicant for
federal employment and believe your rights have been violated under the
Rehabilitation Act, then you must file a complaint within 45 days of the
alleged discrimination with the agency's Equal Employment Office.)
This page was last modified
on October 6, 2003.