Title I: Employment

The Americans with Disabilities Act (ADA) prohibits a covered employer from discriminating against a qualified individual with a disability. This protection applies to both applicants and employees. Title I of the ADA generally applies to private employers and state and local government employers, including cities, with 15 or more employees.

A qualified individual is a person who satisfies the job-related requirements for the position and can perform its essential functions with or without reasonable accommodation. A covered city must provide reasonable accommodation to a qualified applicant or employee with a disability unless doing so would cause an undue hardship—meaning significant difficulty or expense in light of the city’s resources and operational circumstances.

Reasonable accommodation may include a modification to the application process; a change to the work environment or the manner in which work is performed; or an adjustment that enables an employee with a disability to enjoy benefits and privileges of employment available to similarly situated employees without disabilities. The accommodation process should be individualized and interactive.

The ADA does not require a city to give an applicant or employee with a disability preference over a more qualified individual, eliminate an essential job function, or hire or retain an individual who cannot perform the essential functions of the position with or without reasonable accommodation. A city also is not required to provide an accommodation that would create an undue hardship.

The ADAAA requires the term “disability” to be construed broadly. In most cases, the focus should be on whether the employer met its obligations under the ADA, including whether it engaged in an appropriate interactive process and provided reasonable accommodation when required, rather than on extensive analysis of whether the individual has a disability.

For employment claims under Title I, the EEOC is the agency that receives and investigates charges of disability discrimination. A charge generally must be filed within 180 calendar days of the alleged discriminatory act. The filing period may extend to 300 calendar days when a state or local law also prohibits disability discrimination and a designated fair-employment-practices agency enforces that law.

• ADA protection applies throughout the employment relationship, including:
• Application procedures and testing
• Hiring, assignment, promotion, and training
• Pay, benefits, leave, and other terms and conditions of employment
• Performance evaluation, discipline, layoff, recall, and termination
• Medical examinations and disability-related inquiries