Understanding the ADA: A Legal Resource

The Americans with Disabilities Act (ADA) plays a critical role in protecting the rights of individuals with disabilities while setting clear expectations for employers. Whether navigating workplace accommodations, concerned about compliance, or seeking to understand your rights or responsibilities, this guide provides a clear and approachable overview of what the ADA means for you.

What Is the Americans with Disabilities Act (ADA)?

Passed in 1990, the ADA is a landmark civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life—employment, education, transportation, and public and private places that are open to the general public.

The goal of the ADA is to ensure that individuals with disabilities have the same rights and opportunities as others.

Who Is Protected Under the ADA?

The ADA defines a disability as:

• A physical or mental impairment that substantially limits one or more major life activities, 
• A record of such an impairment, or 
• Being regarded as having such an impairment. 

This definition covers a wide range of conditions—some visible, many not. Disabilities may include mobility impairments, chronic illnesses, mental health conditions, neurological disorders, and more.

Title I of the ADA: What Employers Need to Know

1. Which Employers Are Covered?

Title I of the ADA applies to private employers with 15 or more employees, as well as state and local government agencies, employment agencies, and labor organizations.

2. Reasonable Accommodations

Employers are required to provide “reasonable accommodations” to qualified individuals with disabilities unless doing so would cause an undue hardship. Examples of accommodations include:

• Modified work schedules 
• Adjusted physical workspaces 
• Use of assistive technology 
• Job restructuring 

3. The Interactive Process

While the ADA does not mandate a specific procedure, it does require employers to engage in a good-faith, interactive process. This means employers and employees must communicate openly to determine appropriate accommodations in a timely manner.

4. Prohibited Practices

Employers may not:

• Discriminate during hiring, termination, promotion, or training 
• Ask disability-related questions before a job offer has been made 
• Retaliate against individuals who assert their rights under the ADA 

What Individuals Should Know About Their Rights

1. Employment Rights

If you are qualified to perform the essential functions of a job—with or without reasonable accommodations—you cannot be denied employment solely because of a disability.

2. Disclosure and Documentation

Choosing whether to disclose a disability is a personal decision. In order to receive accommodations, however, you may be required to provide documentation that supports the need.

3. Responding to Discrimination

If you believe your rights under the ADA have been violated:

• Keep records of incidents or decisions 
• Notify human resources or appropriate supervisors 
• Consider filing a formal complaint with the Equal Employment Opportunity Commission (EEOC) 

It is advisable to consult with an attorney who is well-versed in ADA matters to fully understand your options and ensure your rights are protected.

Common ADA Compliance Questions

“Can I ask an employee if they have a disability?”

Not before making a job offer. Employers may only ask disability-related questions or request medical exams after an offer has been extended, and only if these requirements apply to all applicants for that role.

“Do mental health conditions qualify under the ADA?”

Yes. Conditions such as anxiety, depression, PTSD, and other psychiatric disorders may qualify as disabilities if they substantially limit a major life activity.

“What qualifies as ‘undue hardship’ for employers?”

Undue hardship refers to an action requiring significant difficulty or expense, considering the nature and cost of the accommodation, the employer’s financial resources, and the overall impact on business operations.

Steps Employers Can Take Toward ADA Compliance

• Provide clear training for managers and HR professionals on ADA rights and responsibilities 
• Review and update job descriptions to reflect essential job functions 
• Establish a consistent internal process for handling accommodation requests 
• Consult legal counsel when making decisions regarding accommodations, especially in complex cases 

How O’Connell and Aronowitz Can Support You

ADA-related concerns can be nuanced and situational. O’Connell and Aronowitz is prepared to offer thoughtful, knowledgeable legal representation.

Our employment law team brings years of focused legal practice and a practical understanding of disability law in the workplace. We work with clients all across New York State, offering tailored legal support that meets the moment with clarity and confidence.

We are here to help you move forward—whether through policy guidance, negotiation, or legal action.

Connect with O’Connell and Aronowitz

If you are facing an ADA compliance question or a potential discrimination concern, reach out to our team for a confidential conversation. Contact us at 518-462-2601 or click HERE.