Last Updated on September 12, 2025 by MyHRConcierge

The Americans with Disabilities Act (ADA) is a cornerstone of employment law in the United States, designed to ensure equal employment opportunities and access for individuals with disabilities. For employers, compliance with the ADA is not just a legal obligation, but a critical aspect of fostering an inclusive and productive workplace.

This guide outlines what the ADA is, employer responsibilities under the law, examples of reasonable accommodations, how to assess undue hardship and best practices for maintaining compliance and proper documentation.

MyHRBuzz Podcast: The ADA Playbook for Employers

In this episode of the MyHRBuzz podcast, host Chris Cooley is joined by Emily Frederick, SHRM-CP, Senior HR Consultant at MyHRConcierge, to discuss the key elements of the Americans with Disabilities Act (ADA) and what employers need to understand to stay compliant.

What is the ADA?

The ADA, signed into law in 1990 and amended by the ADA Amendments Act of 2008, prohibits discrimination against individuals with disabilities in several areas, including employment. Under the ADA, a “disability” is defined as a physical or mental impairment that substantially limits one or more major life activities. Emily Frederick, SHRM-CP, Senior HR Consultant at MyHRConcierge, notes that this applies to all areas of employment, whether that is hiring, promotion, job assignments, training, compensation or termination.

Title I of the ADA specifically governs employment and applies to private employers with 15 or more employees, state and local governments, employment agencies and labor unions. This does apply to most small businesses, as well, states Frederick.

It is important to note that ADA protections extend to all employees, not just those with known or perceived disabilities.

Employer Responsibilities Under the ADA

Employers have several key responsibilities under the ADA:

• Non-Discrimination: Employers must not discriminate against qualified individuals with disabilities in any aspect of employment, including hiring, promotions, pay and training.
• Interactive Process: Employers must engage in a good-faith interactive process with employees who request accommodations. Frederick refers to this as a “collaborative dialogue.” She also notes that a request for accommodation does not have to be formal, but as simple as a conversation in this “interactive process.”
• Reasonable Accommodation: Employers must provide reasonable accommodations to qualified individuals with disabilities unless doing so would cause undue hardship. Frederick noted that reasonable accommodations can take several avenues, based on the need to help an employee’s disability (i.e. modified work schedule, ergonomic workspace, unpaid leave(s) of absence(s), etc.).
• Confidentiality: Any medical information or disability-related documentation must be kept confidential and separate from personnel files.

Navigating Undue Hardship and Legal Considerations

An employer is not required to make an accommodation if it would impose an “undue hardship.” This is defined as a significant difficulty or expense relative to the size, resources and structure of the organization. Determining undue hardship is a case-by-case analysis and should be supported by thorough documentation. Frederick mentioned that from the interactive process on, everything needs to be documented. This includes when the employer was first made aware of the disability, what accommodations were requested and/or offered, what was determined to be reasonable/unreasonable and what the final outcome was.

It is important to note that cost alone does not automatically qualify as undue hardship, especially if external funding or tax credits are available. However, Frederick did state that “if it is unduly expensive based on the company’s resources, or if it’s just a hugely substantial or disruptive change that needs to be made and something that would fundamentally alter the way that the company does business, that can usually be considered an unreasonable accommodation.”

Best Practices for ADA Compliance

To remain ADA compliant and support a diverse workforce, employers should implement the following best practices:

• Develop a Clear Policy: Establish and communicate a formal ADA and reasonable accommodation policy. Employers must ensure that any evaluations are clearly job-related and supported by documented business necessity, such as a legitimate safety concern or well-documented performance issue.
• Train Managers and Supervisors: Ensure those involved in employment decisions understand ADA obligations and the interactive process.
• Foster Open Communication: Encourage employees to request accommodations without fear of retaliation.
• Document Every Step: Record all communications, decisions and actions taken regarding accommodation requests.

ADA Compliance

Employers must approach ADA compliance proactively by understanding the law, engaging in a consistent interactive process and fostering a culture of inclusion. By prioritizing reasonable accommodations and carefully navigating the legal framework, organizations can better support their employees and protect themselves from legal exposure.