Americans with Disabilities Act (ADA) Title I: Employment

Employers with 15 or more employees may not discriminate against qualified individuals with disabilities in hiring, compensation, benefits, or any other conditions of employment.

"Qualified" means that the applicant or employee must be able to perform the essential functions of the job, with or without reasonable accommodations. Generally, employers must provide reasonable accommodations - equipment or modifications that allow a person to perform the job - unless an undue hardship to the employer would result.

Employers may not discriminate against a qualified employee or applicant because of the disability of a person with whom the applicant or employee has an association.

ADA does not require employers to hire or retain employees who pose a direct threat to the health or safety of others in the workplace.

Title I is enforced by the U.S. Equal Employment Opportunity Commission (EEOC). Charges may be filed in person, by mail or by telephone by contacting the nearest EEOC office. If there is not an EEOC office in the immediate area, call toll free 800-669-4000 or 800-669-6820 (TDD) for more information. To avoid delay, call or write beforehand if you need special assistance, such as an interpreter, to file a charge.

Time requirements for filing a complaint of employment discrimination: Timelines for filing ADA employment discrimination complaints are the same as those for Title VII of the Civil Rights Act. Charges must be filed with EEOC within 180 days of the alleged discriminatory act. However, in states where there is an antidiscrimination law and an agency authorized to grant or seek relief, a charge must be presented to that state or local agency. Also in such jurisdictions, you may file charges with EEOC within 300 days of the discriminatory act or 30 days after receiving notice that the state or local agency has terminated its processing of the charge, whichever is earlier. It is best to contact EEOC promptly when discrimination is suspected, so that timelines are met and your complaint can be considered.

Individuals who allege employment discrimination based on disability can go to court, but only after they have gone through the appropriate administrative complaint process and have been issued a "right to sue" letter by EEOC.

Guide Location: 

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