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Redhead woman in a wheelchair wearing a yellow shirt and tan pants. She is looking at a brick wall.
Redhead woman in a wheelchair wearing a yellow shirt and tan pants. She is looking at a brick wall.

Is my company required to provide accommodations according to the Americans with Disabilities Act (ADA)? What is my responsibility as an employer?

TLDR; If your company has 15 or more employees, yes!

Team Disclo
April 22, 2022

If you answer ‘yes’ to any of the following questions, then your company is required to provide reasonable accommodations to your employees according to the ADA:

✅ We have 15 or more employees working at my company

✅ We are a state or local government employer (employee count isn’t relevant in this case)

✅ We are an employment agency, labor organization, or joint labor-management committee

According to the EEOC, "As an employer, you are responsible under Title I of the ADA for making facilities accessible to qualified applicants and employees with disabilities as a reasonable accommodation, unless this would cause undue hardship. Accessibility must be provided to enable a qualified applicant to participate in the application process, to enable a qualified individual to perform essential job functions and to enable an employee with a disability to enjoy benefits and privileges available to other employees.” (EEOC)

“However, if your business is a place of public accommodation (such as a restaurant, retail store or bank), you have different obligations to provide accessibility to the general public, under Title III of the ADA. Title III also will require places of public accommodation and commercial facilities (such as office buildings, factories and warehouses) to provide accessibility in new construction or when making alterations to existing structures." (EEOC)

Quick recap of your responsibilities as an employer:

✅ Facilities must be accessible to qualified applicants and employees with disabilities unless this would cause undue hardship

✅ Accessibility must be provided during the application process 

✅ Accessibility must be provided to enable an employee to perform essential job functions

✅ Accessibility must be provided to enable an employee to enjoy benefits and privileges available to other employees

Want to know more about your responsibility as an employer under the ADA? Here are some of our favorite resources:

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