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Understanding Eligibility for ADA Accommodations: A Complete Guide

TL;DR The Americans with Disabilities Act (ADA), a pivotal legislation enacted by the federal government, aims to eliminate discrimination against individuals with disabilities in all areas of public life, including employment, healthcare, telecommunications, and public accommodations. This legislation, enforced by the Equal Employment Opportunity Commission (EEOC) and supported by various amendments and the U.S. Department of Justice, ensures that people with disabilities have the same rights and opportunities as everyone else. Understanding who qualifies for ADA accommodations is essential for both individuals seeking to assert their rights and organizations striving to comply with the law.

Team Disclo
March 26, 2024

Who Qualifies for ADA Accommodations?

Under the Americans with Disabilities Act (ADA) of 1990, a person with a disability is defined as someone who has a physical or mental impairment that substantially limits one or more major life activities. This broad definition encompasses a wide range of conditions, from mobility and sensory impairments to mental health conditions and chronic illnesses, aiming to cover the full spectrum of disabilities.

The Americans with Disabilities Act Amendments Act (ADAAA) of 2008 further broadened the definition of disability by adding that the condition can substantially limits one or more major bodily functions.

Physical or Mental Impairments

The ADA recognizes physical and mental impairments significantly restricting major life activities. These impairments include conditions such as blindness, deafness, mobility impairments, diabetes, epilepsy, major depressive disorder, bipolar disorder, and PTSD. The law also considers the impact of these impairments on activities such as walking, talking, seeing, hearing, and learning.

Reasonable Accommodation in the Workplace

Title I of the ADA, administered by the U.S. Equal Employment Opportunity Commission, mandates that employers provide reasonable accommodations to qualified individuals with disabilities, provided these accommodations do not cause undue hardship to the business. Reasonable accommodations might include making work environments accessible, modifying work schedules, job restructuring, or providing specialized equipment or interpreters.

Employers are required to engage in an interactive process with employees to determine the most appropriate accommodation. This process involves identifying the barriers in the work environment and determining possible accommodations that could overcome these barriers. The Job Accommodation Network (JAN), a service provided by the Department of Labor, offers guidance on implementing these accommodations and examples of reasonable accommodations that have been successfully used.

Public Accommodations and Services

Title III of the ADA focuses on public accommodations and services operated by private entities and local governments, requiring them to be accessible to individuals with disabilities. This includes ensuring that telecommunications services, overseen by the Federal Communications Commission (FCC), are accessible through TTY and TDD devices, providing interpreters, and ensuring facilities are physically accessible.

Amendments and the Definition of Disability

The ADA Amendments Act of 2008 made significant changes to the ADA's definition of disability, broadening it to cover a broader range of conditions and making it easier for individuals seeking protections under the ADA to establish that they have a disability. This amendment emphasizes that the definition of disability should be interpreted in favor of broad coverage of individuals to the maximum extent permitted by the ADA.

Navigating the Application Process

The job application process must be accessible to qualified applicants with disabilities, requiring employers to provide accommodations such as accessible job applications, job interviews, and pre-employment testing. The ADA also covers the job offer process, ensuring that all new employees have equal access to the benefits and privileges of employment.

Ensuring Compliance and Avoiding Employment Discrimination

Private employers, employment agencies, and local governments must comply with the ADA's requirements to avoid employment discrimination. This includes when conducting job-related assessments of applicants and employees, considering whether an individual can perform the job's essential functions with or without reasonable accommodation, and not discriminating against individuals based on disability in hiring, promotion, discharge, pay, job training, and other aspects of employment.

Seeking Assistance and Technical Support

Entities seeking to comply with the ADA can access various technical assistance resources. The federal government provides guidance and support for implementing the ADA through the EEOC, the Department of Labor, and the U.S. Department of Justice. These resources help organizations understand their obligations under the law and how to provide accommodations on a case-by-case basis, ensuring that each individual's needs are appropriately considered.

Conclusion

The ADA's comprehensive approach to accommodations for individuals with disabilities emphasizes the need for an inclusive society where everyone can participate fully and equally. By understanding the ADA's provisions and implementing reasonable accommodations, employers, service providers, and public entities can ensure that individuals with disabilities can access the same opportunities and benefits as all others. This not only complies with the law but also enriches our communities and workplaces with the diverse contributions of all individuals.

Resources

About Disclo

Built by 2x disability-focused founders, the software is a workplace ADA and PWFA accommodations platform for progressive companies focused on making workplaces inclusive for everyone. Disclo is a HIPAA-compliant platform that requests, tracks, and manages workplace accommodations—all in one place. 

Disclo makes handling accommodations seamless by combining automation, in-app medical e-verification, out-of-the-box analytics (so you can auto-track against EEOC and ADA standards), and the ability to connect to any HRIS and ATS with pre-built integrations.

Strengthen workplace inclusivity and future-proof ADA and PWFA processes while establishing a digital paper trail for your organization. Learn more at disclo.com/demo

Who Qualifies for ADA Accommodations?

Under the Americans with Disabilities Act (ADA) of 1990, a person with a disability is defined as someone who has a physical or mental impairment that substantially limits one or more major life activities. This broad definition encompasses a wide range of conditions, from mobility and sensory impairments to mental health conditions and chronic illnesses, aiming to cover the full spectrum of disabilities.

The Americans with Disabilities Act Amendments Act (ADAAA) of 2008 further broadened the definition of disability by adding that the condition can substantially limits one or more major bodily functions.

Physical or Mental Impairments

The ADA recognizes physical and mental impairments significantly restricting major life activities. These impairments include conditions such as blindness, deafness, mobility impairments, diabetes, epilepsy, major depressive disorder, bipolar disorder, and PTSD. The law also considers the impact of these impairments on activities such as walking, talking, seeing, hearing, and learning.

Reasonable Accommodation in the Workplace

Title I of the ADA, administered by the U.S. Equal Employment Opportunity Commission, mandates that employers provide reasonable accommodations to qualified individuals with disabilities, provided these accommodations do not cause undue hardship to the business. Reasonable accommodations might include making work environments accessible, modifying work schedules, job restructuring, or providing specialized equipment or interpreters.

Employers are required to engage in an interactive process with employees to determine the most appropriate accommodation. This process involves identifying the barriers in the work environment and determining possible accommodations that could overcome these barriers. The Job Accommodation Network (JAN), a service provided by the Department of Labor, offers guidance on implementing these accommodations and examples of reasonable accommodations that have been successfully used.

Public Accommodations and Services

Title III of the ADA focuses on public accommodations and services operated by private entities and local governments, requiring them to be accessible to individuals with disabilities. This includes ensuring that telecommunications services, overseen by the Federal Communications Commission (FCC), are accessible through TTY and TDD devices, providing interpreters, and ensuring facilities are physically accessible.

Curious to see how accommodations can support your employees?

Schedule a free demo today.
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Amendments and the Definition of Disability

The ADA Amendments Act of 2008 made significant changes to the ADA's definition of disability, broadening it to cover a broader range of conditions and making it easier for individuals seeking protections under the ADA to establish that they have a disability. This amendment emphasizes that the definition of disability should be interpreted in favor of broad coverage of individuals to the maximum extent permitted by the ADA.

Navigating the Application Process

The job application process must be accessible to qualified applicants with disabilities, requiring employers to provide accommodations such as accessible job applications, job interviews, and pre-employment testing. The ADA also covers the job offer process, ensuring that all new employees have equal access to the benefits and privileges of employment.

Ensuring Compliance and Avoiding Employment Discrimination

Private employers, employment agencies, and local governments must comply with the ADA's requirements to avoid employment discrimination. This includes when conducting job-related assessments of applicants and employees, considering whether an individual can perform the job's essential functions with or without reasonable accommodation, and not discriminating against individuals based on disability in hiring, promotion, discharge, pay, job training, and other aspects of employment.

Seeking Assistance and Technical Support

Entities seeking to comply with the ADA can access various technical assistance resources. The federal government provides guidance and support for implementing the ADA through the EEOC, the Department of Labor, and the U.S. Department of Justice. These resources help organizations understand their obligations under the law and how to provide accommodations on a case-by-case basis, ensuring that each individual's needs are appropriately considered.

Conclusion

The ADA's comprehensive approach to accommodations for individuals with disabilities emphasizes the need for an inclusive society where everyone can participate fully and equally. By understanding the ADA's provisions and implementing reasonable accommodations, employers, service providers, and public entities can ensure that individuals with disabilities can access the same opportunities and benefits as all others. This not only complies with the law but also enriches our communities and workplaces with the diverse contributions of all individuals.

Resources

About Disclo

Built by 2x disability-focused founders, the software is a workplace ADA and PWFA accommodations platform for progressive companies focused on making workplaces inclusive for everyone. Disclo is a HIPAA-compliant platform that requests, tracks, and manages workplace accommodations—all in one place. 

Disclo makes handling accommodations seamless by combining automation, in-app medical e-verification, out-of-the-box analytics (so you can auto-track against EEOC and ADA standards), and the ability to connect to any HRIS and ATS with pre-built integrations.

Strengthen workplace inclusivity and future-proof ADA and PWFA processes while establishing a digital paper trail for your organization. Learn more at disclo.com/demo

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