Definition
A federal civil rights law enacted in 1990 that prohibits discrimination against individuals with disabilities in all areas of public life, including employment, and requires employers to provide reasonable accommodations to qualified employees.
UK Context
Best Practices
- Engage in the interactive process promptly when an employee requests or is known to need an accommodation
- Document all accommodation discussions, decisions, and the business reasons behind any denials
- Train hiring managers to avoid disability-related questions during interviews and to focus on essential job functions
- Review job descriptions regularly to ensure essential functions are accurately defined and up to date
Frequently Asked Questions
What qualifies as a reasonable accommodation under the ADA?
Reasonable accommodations include modifications such as flexible scheduling, ergonomic equipment, remote work options, reassignment to a vacant position, modified job duties, sign language interpreters, or accessible parking. The accommodation must be effective and not cause undue hardship to the employer.
Can an employer ask about an applicant's disability during an interview?
No. Employers may not ask about the existence, nature, or severity of a disability before making a conditional job offer. They may ask whether the applicant can perform essential job functions with or without accommodation.
What is the interactive process?
The interactive process is a collaborative conversation between the employer and employee to identify the employee's limitations and explore potential reasonable accommodations. Both parties are expected to participate in good faith to find an effective solution.