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A state or local government must eliminate any eligibility criteria for participation in programs, activities, and services that screen out or tend to screen out persons with disabilities, unless it can establish that the requirements are necessary for the provision of the service, program, or activity. The State or local government may, however, adopt legitimate safety requirements necessary for safe operation if they are based on real risks, not on stereotypes or generalizations about individuals with disabilities. Finally, a public entity must reasonably modify its policies, practices, or procedures to avoid discrimination. If the public entity can demonstrate that a particular modification would fundamentally alter the nature of its service, program, or activity, it is not required to make that modification.

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

FAQ: Does the ADA apply to State and local governments?

FAQ: When do the requirements for State and local governments become effective?

FAQ: How are the ADA’s requirements for State and local governments enforced?

Only injured workers who meet the ADA's definition of an "individual with a disability" will be considered disabled under the ADA, regardless of whether they satisfy criteria for receiving benefits under workers' compensation or other disability laws. A worker also must be "qualified, " with or without reasonable accommodation, in order to be protected by the ADA. Work-related injuries do not always cause physical or mental impairments severe enough to "substantially limit" a major life activity. Many on-the-job injuries cause temporary impairments which heal within a short period of time with little or no long-term or permanent impact. Therefore, many injured workers who qualify for benefits under workers' compensation or other disability benefits laws may not be protected by the ADA. An employer must consider work-related injuries on a case-by-case basis to know if a worker is protected by the ADA. Note that some states may have different recognition of "disability," "temporary disability" and who might receive workers' compensation benefits. It likely would be beneficial to speak with the state Department of

An employer may not inquire into an applicant's workers' compensation history before making a conditional offer of employment. After making a conditional job offer, an employer may inquire about a person's workers compensation history in a medical inquiry or examination that is required of all applicants in the same job category. However, even after a conditional offer has been made, an employer cannot require a potential employee to have a medical examination solely because they learn of past workers' compensation injuries. Also, an employer may not base a decision to hire based on an applicant's workers' compensation history. However, an employer may refuse to hire, or may discharge an individual, who is not currently able to perform a job without posing a significant risk of substantial harm to the health or safety of the individual or others, if the risk cannot be eliminated or reduced by reasonable accommodation.

An employer may refuse to hire or may fire a person who knowingly provides a false answer to a lawful post-conditional job offer inquiry about his or her condition or workers' compensation history.

An employer also may submit medical information and records concerning employees and applicants (obtained after a conditional job offer) to state workers' compensation offices and "second injury" funds without violating ADA and HIPAA confidentiality requirements.

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

FAQ: What is the definition of disability under the ADA?

FAQ: What are major life activities?

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?)

To determine if an animal is a service animal, you may ask two questions:

1. Is the dog a service animal required because of a disability?
2. What work or task has the dog been trained to perform?

You may not ask these questions if the need for the service animal is obvious. Examples include when a dog is guiding an individual who is blind or is pulling a person’s wheelchair. In addition:

• You may not ask about the nature or extent of an individual’s disability
• You may not require proof that the animal has been certified, trained or licensed as a service animal
• You may not require the animal to wear an identifying vest or tag
• You may not ask that the dog demonstrate its ability to perform the task or work

Under the ADA, it is training that distinguishes a service animal from other animals. Some service animals may be professionally trained; others may have been trained by their owners.  However, the task that the service animal is trained to do must be directly related to the owner’s disability.

The handler is responsible for the care and supervision of his or her service animal. If a service animal behaves in an unacceptable way and the person with a disability does not control the animal, a business or other entity has the right to ask that the dog be removed. A business also has the right to deny access to a dog that disrupts their business or poses a direct threat to the health and safety of others. For example, if a service dog barks repeatedly or growls at customers, it could be asked to leave.

Service animals in-training are not specifically addressed in the ADA.  However, some state laws may afford service animals in-training the same protections as service animals that have completed their training.

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

Service Animal Basics

Service Animal FAQs

FAQ: What must I do when an individual with a service animal comes to my business?

Complaints regarding alleged disability discrimination in the workplace that occurred on or after July 26, 1992 may be filed with Equal Employment Opportunity Commission or designated State human rights agencies. Available remedies may include hiring, reinstatement, promotion, back pay, front pay, restored benefits, reasonable accommodations, attorneys' fees, expert witness fees, and court costs. Compensatory and punitive damages also may be available in cases of intentional discrimination or where an employer fails to make a good faith effort to provide a reasonable accommodation.  A charge must be filed within 180 calendar days from the date that the alleged discrimination took place. The 180 calendar day filing deadline is extended to 300 calendar days if a state or local agency enforces a law that prohibits employment discrimination on the same basis. A state’s designated human rights agency should be consulted to determine if the extended filing deadline applies. Your regional ADA Center can assist you in finding your state human rights agency.

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

Fact Sheet: ADANN Services

Federal Agencies and Resources