The Americans with Disabilities Act (ADA): Safeguarding Your Rights at Work
- Anne Marie the AntiHR Lady
- Mar 28, 2024
- 4 min read
Updated: Aug 3
Disclaimer: The information provided in this blog post is for informational purposes only and does not constitute legal advice. It is important to consult with legal professionals for guidance on specific legal matters.
Results on engagements and online courses may vary, successful outcome is not guaranteed.
What Is the Americans With Disabilities Act (ADA)?
The Americans with Disabilities Act (ADA) is a landmark civil rights law enacted in 1990 that prohibits discrimination against individuals with disabilities in all areas of public life—including jobs, schools, transportation, and public and private places open to the general public. When it comes to employment, the ADA ensures that qualified individuals with disabilities have the same rights and opportunities as everyone else.
In the workplace, the ADA applies to employers with 15 or more employees and covers all aspects of employment, including hiring, pay, promotion, termination, and access to training and benefits.
What Qualifies as a Disability Under the ADA?
The ADA defines a disability as a physical or mental impairment that substantially limits one or more major life activities. This includes obvious conditions like blindness or paralysis, but it also includes less visible impairments such as depression, diabetes, ADHD, or anxiety—provided they limit major life activities like concentrating, thinking, walking, or working.
Even if your condition is in remission or only episodic (such as certain autoimmune conditions or mental health disorders), you may still be protected under the ADA if the condition would substantially limit a major life activity when active.
Your Right to Reasonable Accommodation Under the ADA
One of the most powerful rights under the ADA is your right to request reasonable accommodation—a modification or adjustment that enables you to perform the essential functions of your job. Accommodations can include things like:
A modified work schedule
Remote or hybrid work arrangements
A quieter workspace
Screen-reading software
A leave of absence for medical treatment
To request an accommodation, you typically need to disclose your disability and provide supporting documentation. However, you do not need to share your entire medical history. Your employer is only entitled to documentation that justifies the accommodation request.
Once a request is made, the employer is required to engage in an interactive process to determine what accommodation can be provided without causing undue hardship to the organization.
How to Respond to ADA Discrimination and Retaliation at Work
Unfortunately, not all employers handle ADA requests properly. Some may delay, deny, or flat-out ignore valid accommodation requests. Others may engage in subtle or overt forms of retaliation—like changing your job duties, isolating you, placing you on a PIP, or encouraging you to quit.
These actions may violate the ADA.
Here’s what to do if you suspect discrimination or retaliation:
Document everything — including your original accommodation request and all responses.
Follow up in writing if your request is ignored or denied.
Know your rights — you can file a charge with the EEOC if your employer is violating the law.
Get support — working with an employment attorney or consultant (like me) can help you build your case.
How to Protect Your ADA Rights at Work
If you are dealing with a disability at work, you don’t have to navigate it alone—and you certainly don’t have to tolerate retaliation, harassment, or denial of your rights. The ADA is meant to safeguard your ability to work with dignity.
Whether you’re just beginning to consider an accommodation or you’re already experiencing pushback, understanding the ADA can help you stand firm.
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Additionally, effective documentation is key to building a case against discrimination.
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Understanding your rights under the ADA is essential for protecting yourself in the workplace. By advocating for reasonable accommodations, documenting instances of discrimination, and seeking redress when necessary, individuals can work towards fostering inclusive and equitable workplaces for all. Let's continue to champion equality and justice in every facet of society.
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