Who Is Protected
Under 42 U.S.C. § 12102, a person has a disability if they:
- Have a physical or mental impairment that substantially limits one or more major life activities (such as walking, seeing, hearing, learning, working, or the operation of major bodily functions like immune or neurological function)
- Have a record of such an impairment, or
- Are regarded as having such an impairment
The ADA Amendments Act of 2008 directed courts to interpret disability broadly. Conditions such as diabetes, epilepsy, cancer, HIV, major depression, and many others are typically covered, and mitigating measures like medication generally are not considered when deciding whether someone has a disability.
The Main Titles of the ADA
| Title | Covers | Key duties |
|---|---|---|
| Title I | Employers with 15 or more employees, employment agencies, labor unions | No discrimination in hiring, pay, promotion, or firing; reasonable accommodations |
| Title II | State and local governments, public transit | Equal access to programs, services, and activities; accessible facilities |
| Title III | Private businesses open to the public (stores, restaurants, hotels, doctors' offices, gyms, schools, and more) | Equal access; remove readily achievable barriers; accessible new construction; auxiliary aids |
| Title IV | Telecommunications | Relay services for people with hearing or speech disabilities |
| Title V | Miscellaneous | Includes protection against retaliation |
Reasonable Accommodations at Work
A qualified employee or applicant — someone who can perform the essential functions of the job with or without accommodation — is entitled to a reasonable accommodation unless it would cause the employer undue hardship (significant difficulty or expense). Examples include:
- Modified schedules or part-time work
- Remote work where appropriate
- Accessible workstations and assistive technology
- Changes to non-essential job duties
- Reassignment to a vacant position
- Leave for treatment
Employees usually start the process by telling the employer they need a change at work because of a medical condition. The employer and employee then engage in an interactive process to identify an effective accommodation. Employers can request reasonable medical documentation but must keep medical information confidential.
Access to Businesses and Government Services
Businesses and governments must make their goods, services, and programs accessible. This includes:
- Physical access: ramps, accessible parking, entrances, restrooms, and routes, following the ADA Standards for Accessible Design
- Effective communication: sign language interpreters, captioning, large print, or other auxiliary aids
- Policy changes: reasonable modifications to policies, such as allowing a service animal in a no-pets store
Older buildings must remove barriers when doing so is readily achievable, while new construction and alterations must meet accessibility standards. In 2024, the Department of Justice adopted a rule requiring state and local government websites and mobile apps to meet specific accessibility standards on a phased schedule.
Service Animals
Under ADA regulations (28 C.F.R. § 35.136), a service animal is a dog individually trained to do work or perform tasks for a person with a disability, with a separate provision for trained miniature horses. Businesses may ask only two questions when the need is not obvious:
- Is the animal required because of a disability?
- What work or task has the animal been trained to perform?
They cannot demand documentation or ask about the person's disability. Emotional support animals are not service animals under the ADA, though they may be protected in housing under the Fair Housing Act.
How to File a Complaint
| Type of problem | Where to file | Deadline |
|---|---|---|
| Employment (Title I) | EEOC or state fair employment agency | 180 days, or 300 days where a state agency also enforces a similar law |
| State or local government (Title II) | U.S. Department of Justice or the relevant federal agency | Generally 180 days |
| Businesses open to the public (Title III) | U.S. Department of Justice, or a private lawsuit | Lawsuit deadlines depend on state law |
In private Title III lawsuits, individuals can obtain injunctive relief (an order to fix the problem) and attorney's fees, but not money damages under federal law. Some state laws, such as California's, allow damages for accessibility violations.
