Employment Discrimination Law

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Page last updated: 10/07/08

IMPORTANT – The Definition of Disability under the ADA and Title V of the Rehabilitation Act of 1973 (including section 501 and 504) has been revised under the recently passed Americans with Disabilities Amendments Act.  The Act becomes effective on January 1, 2009.  See also the E.E.O.C. Statement on the changes.

A variety of federal laws exist protecting individuals with disabilities from discrimination in employment. Many states also have laws to protect against discrimination in employment based on disability, and in some states these state laws provide even greater protection than under federal law. The information and resources on this page concern federal laws which prohibit discrimination based on disability in employment. Other information on state law may be available from your state government.

The relevant laws which may apply in a specific case will depend on the type of employer (state, local, federal, private), size of the employer, and whether the employer receives federal assistance.

Other areas on the NDRN website include information on Medical Leave, Wages and Hours, and other anti-discrimination laws outside employment protecting individuals with disabilities.

On this page:

• Laws and Legislation
• EEOC Administrative Agency Resources
• Other Publications and Resources

Laws and Legislation

List of Federal Laws with Citations Relevant to Individuals with Disabilities
David T. Hutt, National Disability Rights Network [PDF] [Word]

Americans with Disabilities Act (ADA) Covering Private, State and Local Employers
Title I of the ADA prohibits discrimination on the basis of disability for employers who employ at least 15 employees each working day for at least 20 or more weeks in a year.

ADA Title I Statute : 42 U.S.C. § 12111 et seq. [PDF] [Word] [Alternate HTML: Dept. of Justice]

ADA Definition of Disability : 42 U.S.C. § 12102 [PDF] [Word] [Alternate HTML: Dept. of Justice] – IMPORTANT: Effective Only Until December 31, 2008.

ADA Definition of Disability and the ADA Amendments Act . – Effective January 1, 2009.  See the E.E.O.C. Statement on the ADA Amendments Act.

ADA Title V (Misc. Provisions) Statute : 42 U.S.C. § 12201 et seq. [PDF] [Word] [Alternate HTML: Dept. of Justice]
Title V contains provisions dealing with retaliation for asserting rights under the ADA, drug and alcohol abuse, attorneys fees, and other miscellaneous provisions.

Federal Regulations: 29 C.F.R. Part 1630 and 29 C.F.R Part 1640
The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for interpreting and establishing regulations for Title I of the ADA. The regulations in Part 1630 contain the EEOC interpretations and implantation of Title I of the ADA, while Part 1640 deals with the investigation of charges of employment discrimination under both the ADA and section 504 of the Rehabilitation Act.

EEOC Interpretive Guidance Appendix to ADA Regulations
The EEOC has developed additional guidance addressing the ADA regulatory requirements contained as an appendix to the regulations. The Interpretive Guidance may be found after 29 C.F.R. § 1630.16.

Section 501 of the Rehabilitation Act of 1973 covering the Federal Government.

Section 501 Statute: 29. U.S.C. § 791 [PDF] [Word]

Federal Regulations: 29 C.F.R. Part 1614

Section 503 & 504 of the Rehabilitation Act of 1973 covering employers who receive federal assistance. Section 503 requires that all federal contracts in excess of $10,000 (including sub-contracts) contain a provision requiring that the entity take affirmative steps to employee individuals with disabilities. Section 504 prohibits any public or private entity, including state and local government agencies, from discriminating against an individual with a disability in terms of participating in, or benefiting from, the program or activity for which the federal assistance supports. Section 504 also protects individuals with disabilities from discrimination in employment by entities receiving federal assistance.

Section 503 Statute: 29 U.S.C. § 791 [PDF] [Word]

Section 504 Statute: 29 U.S.C. § 794 [PDF] [Word]

Federal Regulations: 29 C.F.R. Part 1430 and Part 1641

Enforcement and Damages - Title VII of the Civil Rights Act of 1964, and the Civil Rights Act of 1991
The employment provisions of Title I of the ADA incorporate the enforcement and relief provisions of Title VII of the Civil Rights Act of 1964, and the compensatory and punitive damage provisions of the Civil Rights Act of 1991. Title VII of the Civil Rights Act of 1964 prohibits discrimination in employment on the basis of race, color, religion, gender, and national origin.

Enforcement and Relief Provisions of Title VII Statute : 42 U.S.C. § 2000e-4, -5, -6, -8, -9 [PDF] [Word] [ Alternate HTML: EEOC]
These provisions include the EEOC Powers and Procedures, Right to Bring a Case in Federal Court after completion of the EEOC process, and Injunctive and Equitable Relief from discrimination (including back- pay, lost benefits, re-hiring, and front-pay).

Federal Regulations : 29 C.F.R. Part 1601

Civil Rights Act of 1991 – Statute: 42. U.S.C. § 1981a [PDF] [Word]
This provision allows a court to award Compensatory and Punitive Damages for violation of Title I of the ADA. Damages are subject to a cap based on the size of the employer. Punitive damages are only available where the employer engaged in a discriminatory practice with malice or reckless indifference to a right under Title I of the ADA. Compensatory and punitive damages are not available in cases involving the failure to provide a reasonable accommodation in employment where the employer made a good faith effort to identify and provide a reasonable accommodation.

EEOC Administrative Agency Resources

U.S. Equal Employment Opportunity Commission
The EEOC is the federal administrative agency responsible for investigating claims of discrimination against employers. A person who claims discrimination for violation of Title I of the ADA, Title VII of the Civil Rights Act of 1964, or certain other federal anti-discrimination statutes must first file a charge of discrimination with the EEOC and follow the agency’s process before filing a claim in federal court. (Individuals who are only claiming a violation of Section 504 of the Rehabilitation Act do not have to file a complaint with the EEOC.) The EEOC maintains a webpage directly related to disability discrimination in employment at U.S. EEOC Disability Discrimination Page, and provides an Interpretive Guidance to the ADA Regulations as an appendix found after 29 C.F.R. § 1630.16.

EEOC Policy Guidance on the ADA and other Federal Disability Laws
The Equal Employment Opportunity Commission has developed a variety of policy guidance documents to assist employers and individuals with disabilities understand their obligations and rights under the ADA and other federal laws. All policy guidance documents are available on the EEOC website. Listed below are direct links to important EEOC guidance documents relevant to disability and employment:

Enforcement Guidance on the ADA and Psychiatric Disabilities (March 1997)

Enforcement Guidance: Reasonable Accommodation and Undue Hardship under the ADA (as revised October 2002)

Employment Tests and Selection Procedures (December 2007)

Enforcement Guidance, Pre-Employment Disability Related Questions and Medical Exams (October 1995)

Enforcement Guidance, Disability Related Inquires and Medical Examinations (July 2000) and Questions and Answers on Guidance Document.

Enforcement Guidance: Application of the ADA to Contingent Workers Placed by Temporary Agencies And Other Staffing Firms (December 2000) and Questions and Answers on Guidance Document .

Policy Guidance on Executive Order 13164: Establishing Procedures To Facilitate the Provision of Reasonable Accommodation (relevant to Federal Employment) (October 2000) and Questions and Answers on Guidance Document .

Enforcement Guidance: The FMLA, ADA, and Title VII of the Civil Rights Act of 1964 (November 1995)

Related EEOC Policy Guidance on Caregivers
Enforcement Guidance: Unlawful Disparate Treatment of Workers with Caregiving Responsibilities (May 2007) and Questions and Answers on Guidance Document .

Other EEOC Basic Resources on the ADA
In addition to Policy Guidance Documents, the EEOC has produced other resources on either specific topics or in less technical terms explaining the rights and obligations under the ADA. The following are links to several of these resources. Other resource documents may be found on the right-hand sidebar of the EEOC Disability Discrimination Page:

Job Applicants and the ADA

The ADA: Your Employment Rights as an Individual with a Disability

The ADA: Your Responsibilities as an Employer

 Small Employers and Reasonable Accommodation

Other Publications and Resources

P&A Publications on Specific Employment Issues

Employment Publications (Q&As and Fact Sheets) [P&A/CAP Advocates Only]

TASC Conference Handouts and Resources [2004] [2003] [2002] [P&A/CAP Advocates Only]

P&A/CAP Employment Docket [P&A/CAP Advocates Only]