The Americans with Disabilities Act (ADA) is one of the most important workplace laws in the U.S. It ensures that people with disabilities have the same rights and opportunities as everyone else—including when it comes to employment. For businesses, the ADA sets the rules for how to recruit, hire, and manage employees in a way that prevents discrimination and promotes inclusion.
What the ADA covers
Passed in 1990, the ADA makes it illegal to discriminate against qualified individuals with disabilities in all aspects of employment: hiring, promotions, pay, training, benefits, and termination.
The law applies to private employers with 15 or more employees, as well as state and local governments.
Under the ADA, employers must provide reasonable accommodations to employees with disabilities, as long as doing so doesn’t create an “undue hardship” for the business.
Examples of reasonable accommodations
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Adjusting work schedules
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Providing assistive technology or equipment
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Modifying training materials or policies
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Making facilities accessible (ramps, restrooms, parking)
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Allowing remote work when feasible
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Reassigning to a vacant position if no other accommodation works
The key word is reasonable. Employers don’t have to make changes that would be excessively costly or disruptive, but they do need to engage in an interactive process with the employee to find workable solutions.
Who enforces the ADA
The Equal Employment Opportunity Commission (EEOC) enforces the employment-related provisions of the ADA. Employees who believe their rights have been violated can file a charge with the EEOC, which may investigate or pursue legal action.
Common mistakes employers make
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Ignoring requests for accommodation or failing to start the interactive process
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Assuming someone can’t do the job because of their disability
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Overstepping with medical questions during hiring or employment
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Failing to train managers on how to handle accommodation requests
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Retaliating against employees who assert their ADA rights
Penalties for violations
Violating the ADA can result in:
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Back pay and reinstatement
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Compensatory and punitive damages (often significant)
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Court orders requiring accommodations or policy changes
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Attorney’s fees and court costs
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Reputational damage for failing to provide an inclusive workplace
How to stay compliant
- Update job descriptions – Focus on essential functions, not unnecessary physical requirements.
- Engage in the interactive process – Talk with employees about accommodation needs in good faith.
- Train managers – They should know how to respond to accommodation requests without delay.
- Review policies – Make sure handbooks and hiring processes align with ADA standards.
- Document decisions – Keep records of accommodation requests and responses.
- How Kubera HR Solutions can help
At Kubera HR Solutions, we help employers review policies, train supervisors, and audit accommodation practices to ensure compliance with the ADA. From updating job descriptions to guiding the interactive process, our team helps businesses stay compliant and inclusive while avoiding costly disputes.