FAQ Search Results

The ADA prohibits discrimination in all employment practices, including job application procedures, hiring, firing, advancement, compensation, training, and other terms, conditions, and privileges of employment. It applies to recruitment, advertising, tenure, layoff, leave, fringe benefits, and all other employment-related activities.

For additional information, take a look at the following resources:

FAQ: Who is protected from employment discrimination?

FAQ: Does the ADA permit an individual with a disability to sue a business when that individual believes that discrimination is about to occur, or must the individual wait for the discrimination to occur?

FAQ: What is discrimination based on "relationship or association" under the ADA?

An employer may not ask or require a job applicant to take a medical examination before making a job offer. It cannot make any pre-offer inquiry about a disability or the nature or severity of a disability. An employer may, however, ask questions about the ability to perform specific job functions and may, with certain limitations, ask an individual with a disability to describe or demonstrate how s/he would perform these functions.

An employer may condition a job offer on the satisfactory result of a post-offer medical examination or medical inquiry if this is required of all entering employees in the same job category. A post-offer examination or inquiry does not have to be job-related and consistent with business necessity.

However, if an individual is not hired because a post-offer medical examination or inquiry reveals a disability, the reason(s) for not hiring must be job-related and consistent with business necessity. The employer also must show that no reasonable accommodation was available that would enable the individual to perform the essential job functions, or that accommodation would impose an undue hardship. A post-offer medical examination may disqualify an individual if the employer can demonstrate that the individual would pose a "direct threat" in the workplace (i.e., a significant risk of substantial harm to the health or safety of the individual or others) that cannot be eliminated or reduced below the "direct threat" level through reasonable accommodation. Such a disqualification is job-related and consistent with business necessity. A post-offer medical examination may not disqualify an individual with a disability who is currently able to perform essential job functions because of speculation that the disability may cause a risk of future injury.

After a person starts work, a medical examination or inquiry of an employee must be job-related and consistent with business necessity. Employers may conduct employee medical examinations where there is evidence of a job performance or safety problem that they reasonably believe is caused by a medical condition, examinations required by other federal laws, return-to-work examinations when they reasonably believe that an employee will be unable to do his job or may pose a direct threat because of a medical condition, and voluntary examinations that are part of employee health programs.

Information from all medical examinations and inquiries must be kept apart from general personnel files as a separate, confidential medical record, available only under limited conditions.

Tests for illegal use of drugs are not medical examinations under the ADA and are not subject to the restrictions of such examinations.

For additional information, take a look at the following resources: 

FAQ: What are my employer's obligations after I return from medical leave? (What kind of documentation can the employer ask for when I return from medical leave?)

FAQ: Who is a “qualified individual”?

FAQ: Does the ADA require that an applicant or employee with a disability be qualified for the position?

Appropriate auxiliary aids and services for individuals with hearing loss may include:

• qualified interpreters on-site or through video remote interpreting (VRI) services;
• notetakers;
• real-time computer-aided transcription services;
• written materials; exchange of written notes;
• telephone handset amplifiers;
• assistive listening devices;
• assistive listening systems;
• telephones compatible with hearing aids;
• closed caption decoders;
• open and closed captioning, including real-time captioning;
• voice, text, and video-based telecommunications products and systems, including text telephones (TTYs), videophones, and captioned telephones, or equally effective telecommunications devices;
• videotext displays;
• accessible electronic and information technology;
• or other effective methods of making aurally delivered information available to individuals who are deaf or hard of hearing.

Appropriate auxiliary aids and services for individuals who are blind or have low vision may include:

• qualified readers;
• taped texts;
• audio recordings;
• Brailed materials and displays;
• screen reader software;
• magnification software;
• optical readers;
• secondary auditory programs (SAP);
• large print materials;
• accessible electronic and information technology;
• or other effective methods of making visually delivered materials available to individuals who are blind or have low vision.

For additional information, take a look at the following resources:

FAQ: What funding assistance is available for individuals with disabilities to purchase assistive devices, ramps, etc.?

Fact Sheet: Effective Communication

According to the Equal Employment Opportunity Commission (EEOC), when an individual decides to request an accommodation, the individual or their representative must let the employer know that they need an adjustment or change at work for a reason related to a medical condition. There is no need to mention the ADA or use the phrase “reasonable accommodation.”

Requests for reasonable accommodation do not have to be in writing and can be requested in a face-to-face conversation or using any other method of communication. Employers may choose to write a memo or letter confirming the employee’s request or may ask the employee to fill out a form or submit the request in written form.  However, the employee may want to put the request in writing even if the employer does not require it. Sometimes it is useful to have a paper trail in case there is a dispute about whether or when the accommodation was requested.

Example A: An employee tells her supervisor, "I'm having trouble getting to work at my scheduled starting time because of medical treatments I'm undergoing." This is a request for a reasonable accommodation.

Example B: A new employee, who uses a wheelchair, informs the employer that her wheelchair cannot fit under the desk in her office. This is a request for reasonable accommodation.

Incorrect Example C: An employee tells his supervisor that he would like a new chair because his present one is uncomfortable. Although this is a request for a change at work, his statement is insufficient to put the employer on notice that he is requesting reasonable accommodation. He does not link his need for the new chair with a medical condition.

While an employer cannot ignore the initial request, this request does not necessarily mean that the employer is required to provide the change. A request for reasonable accommodation is the first step in an informal, interactive process between the employee and the employer. In some instances, before addressing the merits of the accommodation request, the employer needs to determine if the individual's medical condition meets the ADA definition of "disability," a prerequisite for the individual to be entitled to a reasonable accommodation.

For additional information, take a look at the following resources:

FAQ: What are the limitations on the obligation to make a reasonable accommodation?

FAQ: What does the term “readily achievable” mean?

FAQ: How is the term “readily achievable” determined in a multi site business?

FAQ: When barrier removal is not readily achievable, what kinds of alternative steps are required by the ADA?

Fact Sheet: Reasonable Accommodations in the Workplace

Fact Sheet: Small Business and ADA Readily Achievable Requirements