Americans with Disabilities Act (ADA) and Reasonable Accommodations

Q:   What is the Americans with Disabilities Act (ADA)?

A:   ADA is a law stating employers must treat people with disabilities the same as those without. 

      A person with a disability is someone who:

• has a physical or mental issue that limits one or more major life activities
• has had an issue in the past (such as cancer that is in remission) or
• is thought of by others as having an issue (a person who has scars from a severe burn).

Q:  Do I have to apply for ADA?

A:  You do not need to apply for ADA; it is a law.

Q:  What are Reasonable Accommodations? 

A:  A Reasonable Accommodation is a change to a job, the workplace, or the hiring process. These changes give people with disabilities an equal chance to get a job and do it as well as people without disabilities. 

The ADA makes employers consider Reasonable Accommodations as they relate to:

1) ensuring an equal chance in the hiring process; 

2) allowing a qualified person with a disability to do the job and 

3) giving an employee with a disability equal employment benefits.


Q:  How do I request a Reasonable Accommodation?

A:  There is no formal request process. You inform your employer that you need a change at work due to a medical condition.  If the medical condition isn't visible (such as HCM), you will inform your employer about the condition.  For more information, please click on these links: https://www.ada.gov/  https://www.ada.gov/resources/employment-seeking-guide/ 

Q:  What can the ADA do for me and my HCM?
A:  Depending on your job functions and work environment, some people may not need accommodation, and some may. 

Reasonable Accommodations for HCM can include:

• Asking to move your parking spot closer to the building. 
• Working hours or break times could be adjusted if medications have side effects, including fatigue.

Q:  Must I give my employer access to my medical records?

A: If your disability is not visible, such as with HCM, you may be required to provide a letter from a health provider. Employers may not ask the health care provider for additional information beyond that contained on the medical certification form.
Your employer does not have to grant you an accommodation.  If you do not have all the information needed or an employer wants to try other options, they may request information from your healthcare provider.  

Q:  If I live in a state with State-level ADA laws, how do I know whether to follow Federal or State laws?

A:  The State must at least give you what the Federal law requires. The State law on ADA may grant more than the Federal law.  For example, Federal law states that any employer with 15 or more employees must follow ADA laws. In New York, all businesses must comply with ADA law, even if there is only one employee. Should there be differences between federal and state laws on family and medical leave, covered employers must comply with state family and medical leave laws that provide more protection than the federal ADA. 

 

Q:  What if I need time off to help with my disability? 

A:   If you need time off to help with your issue, the Family Medical Leave Act (FMLA) might benefit you. FMLA gives you unpaid time off while ensuring a job (not necessarily the job you had) will be there when you return. FMLA is available for people who meet certain criteria.  So, you are not guaranteed to be awarded the time off.  To learn more about FMLA, please click the link.  https://www.dol.gov/general/topic/benefits-leave/fmla