The Americans with Disabilities Act (ADA) is an important law that protects the rights of disabled workers. A disabled employee is an individual who has:
- A mental or physical impairment that limits one or more major life activities;
- Who has a history of such impairment; or
- Who is regarded, rightly or wrongly, as having such impairment.
42 U.S.C. 12102
Under the ADA, an employee must be able to perform all of the essential functions of the job with or without reasonable accommodation. Reasonable accommodation is a term that might vary from employer to employer. In general terms, a larger employer might be required to expend more resources than a small family-owned business. Often, the ADA is applicable when an employee’s disability is the subject of work restrictions imposed by an employee’s medical provider. Whereas a larger employer may be able to spread certain tasks out amongst other employees, small employers may find that more difficult to do. However, employees who work for larger employers may have additional protection under the Family Medical Leave Act (FMLA).
The ADA applies to employers with 15 or more employees.
Intended for informational purposes only and should not be considered legal advice.