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Employers with 15 or more employees are prohibited from
discriminating against people with disabilities by Title I of the
Americans with Disabilities Act
(ADA). In general, the employment provisions of the ADA require:
- equal opportunity in selecting, testing, and
hiring qualified applicants with
disabilities;
- job
accommodation for applicants and workers with disabilities when such
accommodations would not impose "undue hardship;" and
- equal opportunity in promotion and benefits.
The Department of Labor's Office of Disability
Employment Policy (ODEP) provides publications and other technical
assistance on the requirements of the ADA, but it does not enforce any part of
the law.
Other federal laws bar discrimination on the basis of disability
in employment and are either enforced or administered by the Department of
Labor. The primary such law is Section 503 of the Rehabilitation Act of 1973,
which requires federal contractors and subcontractors with government contracts
in excess of $10,000 to take affirmative action to employ and advance in
employment qualified individuals with disabilities. The Office of Federal Contract Compliance Programs (OFCCP)
is responsible for enforcing Section 503.
The Department’s Civil Rights
Center (CRC) enforces the employment-related provisions of Section 504 of
the Rehabilitation Act. Section 504 covers organizations and entities that
receive federal financial assistance from DOL. CRC also enforces Title II of
the ADA as that title applies to the labor- and workforce-related practices of
state and local governments and other public entities. Finally, CRC enforces
Section 188 of the Workforce Investment Act of 1998 (WIA), which bars
disability-based discrimination by programs and activities that are part of the
One-Stop employment and training
system established by WIA Title I. See the Laws &
Regulations subtopic for specific information on these laws.
The
Equal
Employment Opportunity Commission (EEOC) enforces ADA regulations covering
employment.
DOL Web Pages on This
Topic
Business Focus
Provides links to information on hiring and employing people with
disabilities.
Recruiting and Hiring
Practices
Provides links to information on how to find qualified
applicants with disabilities and comply with laws prohibiting discrimination
against people with disabilities in the workplace.
Job Accommodation Network
(JAN)
JAN is a free consulting service that provides information about
job accommodations, the ADA, and the employability of people with
disabilities.
JAN's Web
Portal for Employers
Information for employers about accommodation,
legal issues, and human resources issues.
Business Leadership
Network
The Business Leadership Network is a national program led by
employers in concert with state Governors' Committees and/or other community
agencies that engage the leadership and participation of companies throughout
the United States to hire qualified job candidates with disabilities.
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