The Americans with Disabilities Act (ADA)2023-03-30T15:17:45+00:00

The Americans with Disabilities Act (ADA)

woman with signing gesture sitting with laptopThe ADA is a comprehensive civil rights law that prohibits discrimination on the basis of disability and ensures equal opportunity for persons with disabilities. The ADA provides legal protections to individuals with disabilities in the areas of employment, state and local government services, public accommodations, commercial facilities, transportation, and telecommunications.

Under the ADA’s employment provisions, “covered employers” cannot discriminate against qualified individuals with disabilities in regard to any term, condition, or privilege of employment—including recruitment, advertising, and job application procedures; hiring, promotion, and termination; and fringe benefits, apprenticeships, training, and sponsored employer activities, including social and recreational programs. (“Covered employers” includes private employers with 15 or more employees, state and local governments, employment agencies and labor organizations.) In addition, covered employers must not participate in a contractual or other arrangement that has the effect of subjecting a qualified applicant or employee with a disability to discrimination on the basis of disability.

Unlawful discrimination includes the failure to provide opportunities to participate in, or benefit from, a privilege of employment that are equal to and as effective and meaningful as those afforded to other individuals, and the failure to provide reasonable accommodations unless doing so would result in undue hardship.

Technology Angle

When Congress enacted the ADA in 1991, the Internet as we know it today did not exist. However, as described above, the ADA does create general rules designed to guarantee people with disabilities equal and effective access to all important areas of American life, including employment—and that includes information and communication technology used by employers to carry out the terms, conditions, and privileges of employment.

The U.S. Department of Justice has taken the clear and unequivocal position that the Americans with Disabilities Act (ADA) covers Internet Web site access, mobile applications, and other forms of ICT. Through various actions, including entering into numerous settlement agreements with covered entities, it has long taken the position that employment-related websites, state and local government websites and the websites of “public accommodations” (a term that  covers a wide range of entities, including restaurants, hotels, theaters, doctors’ offices, pharmacies, retail stores, museums, libraries, parks, and private schools) that are used by the public are covered by the ADA and should be  accessible to and usable by individuals with disabilities. Many of the settlement agreements require conformance with, at a minimum, the Web Content Accessibility Guidelines (“WCAG”), which are the internationally recognized standards developed and maintained by the World Wide Web Consortium’s Web Accessibility Initiative.

For employers, this means that if you have an inaccessible website or plan to use inaccessible information and communication technology that would effectively prevent people with disabilities from applying for or performing a job or taking advantage of the privileges of employment enjoyed by others, then you are at risk of a possible lawsuit.

Featured Resources

How is the Department of Justice Addressing Web Site and ICT Accessibility? 

Explore 175 settlements addressing how the ADA applies to digital accessibility. Through these agreements, employers and other covered entities can understand DOJ priorities and how to proactively comply with existing rules and guidance.

Video Conversation: The Future of Work for People with Disabilities

4 professional leaders discuss the ADA’s impact on their careers and lived experience with disabilities, and what the current and future landscape looks like for people with disabilities at work.

ADA.gov: Accessible Technology

Information and technical assistance from the U.S. Department of Justice (DOJ).

Recent ADA News

How to Bridge Different Access Needs

Meeting the access needs of your employees is key to building an inclusive workplace. But what should you do if different individuals with disabilities request accessibility practices that seem to conflict with one another? Addressing competing requests can be challenging because a perfect solution is not always clear. […]

Long COVID-19 and Workplace Accessibility

Employees with long COVID may be protected under the laws and regulations that govern disability in the workplace. The resources listed below detail the classifications behind disability status and long COVID. They also contain guidance for employers and employees who may be new to the accommodations process. […]

AI Hiring Tools and the Law

The development of AI technologies is outpacing the evolution of regulations and standards that directly enforce the use of AI hiring tools. However, employers should proactively consider legal and equity concerns related to AI hiring tools before implementing these technologies in their organizations. Acting in accordance with existing guidance can put your organization on the right path as new standards unfold [...]

Video Conversation: The Future of Work for People with Disabilities

The Future of Work for People with Disabilities A Video Conversation Celebrating Global Accessibility Awareness Day In 2020, the move to virtual workstreams accelerated rapidly. McKinsey reports that the adoption of digital technologies sped up by several years in just 8 months—and that many of these changes are likely permanent. The tools behind virtual workplaces are [...]

DOJ Settlements and Website Accessibility

As of February 2020, the Department of Justice (DOJ) entered into 175 settlement agreements addressing how the Americans with Disabilities Act (ADA) applies to ICT accessibility. Through these agreements, employers and other covered entities can understand DOJ priorities related to website and ICT accessibility and how to proactively comply with existing rules and guidance.

Podcast: What is the Future of Autism Hiring Programs?

Haley Moss, lawyer, author and co-host of the Spectrumly Speaking podcast series, discusses the future of autism hiring programs and their impact on the recruitment and retention of neurodivergent employees in the workplace. […]

Podcast: How the Freelance Economy Changes Universal Access for Employers

Future of Work Podcast, Episode 3. Bobby Silverstein, principal at Powers Pyles Sutter & Verville, PC, discusses the implications of laws related to accessible technology, such as the Americans with Disabilities Act (ADA), for a gig or project-based workforce. This podcast is developed in partnership with Workology.com as part of PEAT’s Future of Work series, which works to start conversations around how emerging workplace technology trends are impacting people with [...]

Bobby Silverstein Explains the Workforce Innovation and Opportunity Act (WIOA)

In this short video, Bobby Silverstein provides an overview of the Workforce Innovation and Opportunity Act (WIOA). Transcript:  Hi, my name is Bobby Silverstein. I'm the former Staff Director and Chief Counsel to the Senate sub-committee on disability when it was chaired by Senator Tom Harkin. During my tenure in the Senate, I had the incredible privilege of serving as a behind [...]

Model Procurement Language for ICT

Employers and other entities covered by the Americans with Disabilities Act and Title V of the Rehabilitation Act can add the following procurement language to contracts with product vendors to enhance the accessibility of purchased or licensed products. […]

The Americans with Disabilities Act (ADA)

The Americans with Disabilities Act (ADA) The ADA is a comprehensive civil rights law that prohibits discrimination on the basis of disability and ensures equal opportunity for persons with disabilities. The ADA provides legal protections to individuals with disabilities in the areas of employment, state and local government services, public accommodations, commercial facilities, transportation, and telecommunications. Under the ADA’s employment provisions, [...]

How to Implement Website/ICT Accessibility Policies

How to Implement Website/ICT Accessibility Policies Under the terms of the settlement agreements, DOJ has specified acceptable methods to implement website and ICT accessibility. These methods offer insight into how DOJ will likely enforce ADA compliance in the future. Some of the methods specified include: […]

When is a Covered Entity Not Required to Provide Specified Services?

When is a Covered Entity Not Required to Provide Specified Services? The regulations for implementing Titles II and III of the ADA include “defenses.” These are circumstances in which the covered entity is not required to provide specified services. For example, a covered entity is not required to provide auxiliary aids and services if it can demonstrate that they would result [...]