Employers That Are Covered Under The ADA And Similar Laws

An employer is subject to the ADA if it is one of the following:

• A company with 15 or more employees. To determine whether there are 15 employees, the courts look at the number of employees at the time the violation of the law occurs. Some state laws look at the average number of employees of a period of time (such as 12 months.).
• A state or local government.
• An employment agency .
• A labor organization such as a labor union.

An employer not subject to the ADA may be subject to:

• The Federal Rehabilitation Act which covers employers of any size that receive money, equipment or contracts from the federal government.
• A state law which extends to employers with fewer number of people. Every State has a law that prohibits disability-based discrimination, and most apply to a medical condition. In some cases, state employment and insurance laws may provide additional or stronger protections than the provisions of federal laws because they cover all employers, even those with only one or two workers.
• Possibly another law, such as Title VII of the Civil Rights Law.

Retired military personnel and civilian employees of the Department of Defense are protected. The military does not otherwise have to obey either the ADA or the Federal Rehabilitation Act.

An employer not subject to the ADA may be subject to:

• The Federal Rehabilitation Act which covers employers of any size that receive money, equipment or contracts from the federal government.
• A state law which extends to employers with fewer number of people. Every State has a law that prohibits disability-based discrimination, and most apply to a medical condition. In some cases, state employment and insurance laws may provide additional or stronger protections than the provisions of federal laws because they cover all employers, even those with only one or two workers.
• Possibly another law, such as Title VII of the Civil Rights Law.

To learn about the law in your state to find out if your employer is covered by a law similar to the ADA, see: Americans With Disabilities - The State Laws.

NOTE: FOR RELATED INFORMATION, see:

• ADA And Work  (in general)
• Eligibility For ADA Protections  ("disbability" and "qualified" to do your job)
  • What Are The "Essential Functions" Of My Job?
• Discrimination 101
• Accommodations 
  • How To Determine What Is A Reasonable Accommodation For My My Job
  • How To Request And Negotiate An Accommodation At Work
  • Sample Letters To Request An Accommodation
• Confidentiality 101: What An Employer May And May Not  Do Under The ADA
• Enforcement Of Your Rights Under The ADA
  • How To Get Started Enforcing Your Rights Under The ADA
  • Sample EEOC complaint letter

For information about additional legal protections at work, click here.

Please share how this information is useful to you. 0 Comments