ADA (Americans with Disabilities Act)
The Americans with Disabilities Act prohibits employment discrimination against qualified workers with disabilities. The Act covers private employers with 15 or more employees, plus state and local governments. Title I of the ADA, which governs employment, sits at 42 U.S.C. §12111, and the full Act at 42 U.S.C. §12101 et seq.
KEY TAKEAWAYS
- ADA Title I covers private employers with 15+ employees, the federal government, and state and local governments; 42 U.S.C. §12111 sets the definitions.
- Disability covers a physical or mental impairment that substantially limits a major life activity, a record of impairment, or being regarded as having one.
- Employers must provide reasonable accommodation unless they prove undue hardship, and must engage in a good-faith interactive process under 29 C.F.R. §1630.2(o)(3).
- California's FEHA reaches 5+ employers, gives a three-year CRD window, and runs in parallel with the federal 300-day EEOC window.
The ADA does two things: it bans discrimination because of a disability, and it requires employers to provide reasonable accommodation unless doing so would cause undue hardship. A "disability" includes any physical or mental impairment that substantially limits a major life activity (working, walking, concentrating, breathing). It also covers a record of impairment and being regarded as having one.
Example: A warehouse operations lead is diagnosed with multiple sclerosis and asks his plant manager for a stool at his station and a modified lift schedule. The plant manager refuses without discussion, saying "we don't do special chairs." That blanket refusal violates the ADA's interactive-process requirement under 29 C.F.R. §1630.2(o)(3). The employer was required to engage in a good-faith dialogue about whether the stool and lift modification could be done without undue hardship.
California's parallel state law, FEHA, applies to employers with five or more employees and tracks the ADA but goes further. An ADA charge gets filed with the EEOC within 300 days (in California); a FEHA charge goes to CRD within three years. A California disability discrimination lawyer can pursue both.
From our practice: In our practice, the ADA case rarely fails on whether the impairment qualifies. It fails on the interactive-process record. Employers who never document the conversation, never request medical clarification in writing, and never explore alternative accommodations are the employers who lose these cases at summary judgment.
Attorney Advertising. Page reviewed by David M. Safvati, CA Bar #326605. This advertisement is the responsibility of Westview Law PC.
