Federal Law

ADA

Americans with Disabilities Act - Titles I & V

42 U.S.C. §§ 12111-12117

Employer Size

15+

Filing Deadline

180 days

Extended Deadline

300 days

Filing Agency

Equal Employment Opportunity Commission

Overview

The Americans with Disabilities Act (ADA) prohibits discrimination against qualified individuals with disabilities in all aspects of employment. Title I covers employment discrimination, while Title V contains miscellaneous provisions including anti-retaliation protections. The ADA requires employers to provide reasonable accommodations to qualified employees or applicants with disabilities unless doing so would impose an undue hardship on the business. The ADA Amendments Act of 2008 (ADAAA) significantly broadened the definition of disability to ensure more inclusive coverage, rejecting narrow judicial interpretations that had limited the statute's reach.

Key Provisions

  • Requires employers to provide reasonable accommodations for known disabilities unless it creates undue hardship
  • Prohibits disability-based discrimination in hiring, firing, promotion, and all terms of employment
  • Mandates an interactive process between employer and employee to identify effective accommodations
  • Prohibits medical inquiries and examinations before a conditional job offer is made
  • Prohibits retaliation against individuals who assert their rights under the ADA

Available Remedies

Back payReinstatement or front payCompensatory damages (emotional distress)Punitive damages (same caps as Title VII)Reasonable accommodationAttorney fees and court costsInjunctive relief

Filing Information

Deadline

180 days from the discriminatory act (300 days in deferral states)

Agency

Equal Employment Opportunity Commission (EEOC)

Eligibility Notes

  • •Employee must have a physical or mental impairment that substantially limits a major life activity
  • •Covers qualified individuals who can perform essential functions with or without reasonable accommodation
  • •Amended by ADAAA in 2008 to broaden the definition of disability
  • •Employer must have 15 or more employees
  • •Also protects individuals with a record of disability or who are regarded as having a disability

Covers These Situations

discriminationfailure to accommodateretaliationwrongful termination

Protected Characteristics

disabilityperceived disabilityassociation with disabled

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This information is provided for educational purposes only and does not constitute legal advice. Laws and regulations are subject to change. Consult a qualified employment attorney for advice about your specific situation. Last reviewed: February 2025.