The Americans with Disabilities Act (ADA) was signed into law on July 26, 1990. Some parts of the ADA didn’t go into effect until after that date to give entities time to comply with the law, but those compliance deadlines have passed.
Additional information on the history and background on the law is available on the U.S. Department of Justice’s Civil Rights Division website at: https://www.ada.gov/2010_regs.htm.
For additional information, take a look at the following resources:
Federal contractors and subcontractors who are covered by the affirmative action requirements of section 503 of the Rehabilitation Act of 1973 may invite individuals with disabilities to identify themselves on a job application form or by other pre-employment inquiry, to satisfy the section 503 affirmative action requirements. Employers who request such information must observe section 503 requirements regarding the manner in which such information is requested and used, and the procedures for maintaining such information as a separate, confidential record, apart from regular personnel records.
A pre-employment inquiry about a disability is allowed if required by another Federal law or regulation such as those applicable to disabled veterans and veterans of the Vietnam era. Pre-employment inquiries about disabilities may be necessary under such laws to identify applicants or clients with disabilities in order to provide them with required special services.
For additional information, take a look at the following resources:
Fact Sheet: Reasonable Accommodations in the Workplace
Fact Sheet: Mental Health Conditions in the Workplace and the ADA
Fact Sheet: Work-Leave, the ADA, and the FMLA
FAQ: What are an employer's recordkeeping requirements under the employment provisions of the ADA?
Alternatives may include such measures as in-store assistance for removing articles from inaccessible shelves, home delivery of groceries, or coming to the door to receive or return dry cleaning.
For additional information, take a look at the following resources:
FAQ: What does the term “readily achievable” mean?
FAQ: How is “readily achievable” determined in a multi site business?
Fact Sheet: Small Business and ADA Readily Achievable Requirements
In general, the revised regulations published by the U.S. Department of Justice on September 15, 2010 covering places of public accommodation and commercial facilities, became effective on March 15, 2011. The section of the revised regulations covering hotel reservation systems became effective on March 15, 2012.
For additional information, take a look at the following resources:
FAQ: What are public accommodations?
In general, they became effective on January 26, 1992. Revised regulations published by the U.S. Department of Justice on September 15, 2010 covering state and local governments, became effective on March 15, 2011.
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Instead of providing a list of impairments that would “consistently,” “sometimes,” or “usually not” be disabilities, the regulations provide the ‘nine rules of construction’ to help determine what impairments constitute a disability. By applying those rules, the regulations state there will be some impairments that virtually always constitute a disability. The regulations also provide a list of examples of impairments that should easily be concluded to be disabilities. Included in this list of examples are deafness, intellectual disability, autism, epilepsy, diabetes, cancer, HIV infection, multiple sclerosis, muscular dystrophy, cerebral palsy, mobility impairments requiring the use of a wheelchair, post-traumatic stress disorder, major depressive disorder, schizophrenia and bipolar disorder.
Sources: EEOC Final Rule Implementing the ADA Amendments Act of 2008 and Fact Sheet on the EEOC’s Final Regulations Implementing the ADAAA. Links to these documents can be found at: http://www.eeoc.gov/laws/regulations/index.cfm.
For additional information, take a look at the following resources:
Go to https://www.ada.gov/pools_2010.htm for more information, or contact the ADA National Network at 1-800-949-4232.
For additional information, take a look at the following resources:
FAQ: Where can I find a complete set of ADA standards for accessible design?
Effective March 15, 2012, the applicable standards for new construction and alterations for either a public entity under Title II or a place of public accommodation under Title III are the 2010 ADA Standards for Accessible Design. In addition, transportation facilities are covered by the Department of Transportation’s 2006 ADA Standards for Transportation Facilities. You can find the combined standards here: https://www.access-board.gov/ada/
For additional information, take a look at the following resources:
FAQ: Where can I find a complete set of ADA standards for accessible design?
In a situation where the requirements of both a state or local building code and the 2010 ADA Standards need to be considered, the code or Standard that results in greater accessibility takes precedence. This interpretation is based on the concept of “equivalent facilitation” from section 103 of the ADA Standards which states that alternative designs, products, or technologies may be used as long as they result in substantially equivalent or greater accessibility and usability. Thus, a state or local code can be used if it contains a requirement that provides a different but greater level of accessibility than the ADA Standards.
If the use of a state or local code instead of the 2010 ADA Standard is challenged, the covered entity is responsible for defending the use of this code. The ADA accessibility requirements do not supplant or replace state or local laws that impose higher accessibility standards. The governing principal to follow when state or local codes differ from the ADA is that the one that provides the most accessibility applies.
For additional information, take a look at the following resources:
FAQ: What does ADA require in new construction?
FAQ: How will a State or local government know that a new building is accessible?
FAQ: Where can I find a complete set of ADA standards for accessible design?
EEOC has developed several resources to help employers and people with disabilities understand and comply with the employment provisions of the ADA. These resources are all available online.
Resources include:
A Technical Assistance Manual that provides "how-to" guidance on the employment provisions of the ADA as well as a resource directory to help individuals find specific information.
A variety of brochures, books.
A phone line with specialists at EEOC headquarters to answer questions and availability of local field offices
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The website was last updated November, 2024
