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On or after March 15th, 2012 all newly constructed or altered facilities must comply with the requirements in the 2010 ADA Standards. If elements in existing facilities already comply with the 1991 ADA Standards and are not being altered, entities are not required to make changes to those elements to bring them into compliance with the 2010 ADA Standards.

For Title II entities, if the start date for construction is on or after March 15, 2012, all newly constructed or altered State and local government facilities must comply with the 2010 ADA Standards.

For businesses that are covered under Title III, the compliance date for the 2010 ADA Standards for new construction and alterations is determined by:

• the date the last application for a building permit or permit extension is certified to be complete by a State, county, or local government;
• the date the last application for a building permit or permit extension is received by a State, county, or local government, where the government does not certify the completion of applications; or
• the start date of physical construction or alteration, if no permit is required.

If that date is on or after March 15, 2012, then new construction and alterations must comply with the 2010 ADA Standards.

Source: http://www.ada.gov/revised_effective_dates-2010.htm.

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

FAQ: Is my building "grandfathered in" under the older 1991 ADA Standards for Accessible Design or do I need to comply with the 2010 ADA Standards?

FAQ: What does the ADA require in new construction?

Fact Sheet: Opening Doors to Everyone

All alterations that could affect the usability of a facility must be made in an accessible manner to the maximum extent feasible. For example, if during renovations a doorway is being relocated, the new doorway must be wide enough to meet the new construction standard for accessibility.

When alterations are made to a primary function area, such as the lobby of a bank or the dining area of a cafeteria, an accessible path of travel to the altered area must also be provided.

The bathrooms, telephones, and drinking fountains serving that area must also be made accessible. These additional accessibility alterations are only required to the extent that the added accessibility costs do not exceed 20% of the cost of the original alteration. Elevators are generally not required in facilities under three stories or with fewer than 3,000 square feet per floor, unless the building is a shopping center or mall; the professional office of a health care provider; a terminal, depot, or other public transit station; or an airport passenger terminal.

See the 2010 ADA Standards for Accessible Design for more information regarding alterations: https://www.ada.gov/regs2010/2010ADAStandards/2010ADAstandards.htm

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

FAQ: Is my building "grandfathered in" under the older 1991 ADA Standards for Accessible Design or do I need to comply with the 2010 ADA Standards?

FAQ: If I am doing a renovation on a hotel, how many guest rooms need to be accessible?

Fact Sheet: Overview of the 2010 Standards for Accessible Design

Examples of reasonable accommodation include making existing facilities used by employees readily accessible to and usable by an individual with a disability; restructuring a job; modifying work schedules; acquiring or modifying equipment; providing qualified readers or interpreters; or appropriately modifying examinations, training, or other programs. Reasonable accommodation also may include reassigning a current employee to a vacant position for which the individual is qualified, if the person is unable to do the original job because of a disability even with an accommodation. However, there is no obligation to find a position for an applicant who is not qualified for the position sought. Employers are not required to lower quality or quantity standards as an accommodation; nor are they obligated to provide personal use items such as glasses or hearing aids.

The decision as to the appropriate accommodation must be based on the particular facts of each case. In selecting the particular type of reasonable accommodation to provide, the principal test is that of effectiveness, i.e., whether the accommodation will provide an opportunity for a person with a disability to achieve the same level of performance and to enjoy benefits equal to those of an average, similarly situated person without a disability. However, the accommodation does not have to ensure equal results or provide exactly the same benefits.

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FAQ: What funding assistance is available for removing barriers and accommodating customers with disabilities?

FAQ: What is considered an "undue hardship" for a reasonable accommodation?

An employee with a disability who has been granted medical leave under the ADA may return to the same job unless the employer demonstrates that holding the job open would cause undue hardship to the business or organization.  If an employer has the reasonable belief that an employee will be unable to continue performing essential job functions, or will pose a significant risk to the health or safety of their self or other employees due to a medical condition, the employer may make disability-related inquiries or require the employee to have a medical examination. Any inquiry or examination must be limited to what is needed to assess the employee's ability to work. The employer may not use the employee's leave as a justification for making unrelated inquiries or requiring an unrelated medical examination.

An employee may have also been granted medical leave under the Family Medical Leave Act (FMLA). In this case, an employee has a right to return to the same or similar job after his/her leave has expired.  The FMLA allows employers to require a return-to-work certification from a health provider for all medical leaves, as long as the same requirement is applied to all employees with similar job positions who are returning from leave, not just those on FMLA leave.

The FMLA and the ADA both require a covered employer to grant medical leave to an employee in certain circumstances. For more information go to: http://www.eeoc.gov/policy/docs/fmlaada.html. 

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

FAQ: What is considered an “undue hardship” for a reasonable accommodation?

Fact Sheet: Work-leave, the ADA, and the FMLA