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Filing an ADA Employment Discrimination Charge:
Making It Work for You
Employment and the ADA
The employment provisions are contained in Title I of the ADA. In addition to the provisions defining "an individual with a disability", "a qualified individual with a disability", and "reasonable accommodations", the provisions specify that:
- Discrimination against a qualified individual with a disability in any aspect of employment is prohibited. This applies to private employers with 15 or more employees, state and local governments, employment agencies, labor unions, and joint labor-management committees.
- Employment discrimination includes discrimination in job application procedures, hiring, firing, advancement, compensation, fringe benefits, and job training.
- Inquiries about the existence, nature, or severity of a disability before hiring an individual are prohibited.
- Employers may require a medical examination after a job offer has been made. Employers can require this, however, only if other new employees are subjected to the same exam, and if the exam is job-related and consistent with business necessity.
- Individuals who believe they have been subject to employment discrimination due to a disability may file an administrative charge of discrimination. Later, they may file a lawsuit, but only after filing the administrative charge and receiving a right-to-sue letter from the EEOC office where they filed the administrative charge.
Title I and Psychiatric Disabilities:
Recommended Reference
For a detailed discussion of Title I and its applicability to individuals with psychiatric disabilities, see the U.S. Equal Employment Opportunity Commission's policy guidance called The Americans with Disabilities Act and Psychiatric Disabilities. To obtain a copy of the guidance, call the U.S. Publication Distribution Center's toll-free, voice telephone number (1-800-669-3362) or its toll free (TDD) number (1-800-800-3302). The guidance also can be found online at www.eeoc.gov/docs/psych.html. To obtain other references on Title I and its applicability to psychiatric disabilities, call SAMHSA's National Mental Health
Information Center at 1-800-789-2647.
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