Disability Discrimination and the ADA

This chapter assesses trends in disability discrimination and the Americans with Disabilities Act (ADA) claims. It differentiates between employer responses to accommodation requests that could lead to claims and responses that do not lead to claims. The ADA requires that all “places of public accommodation” and all “goods, services, facilities, privileges, and advantages” of public accommodations be made available to disabled persons, in the absence of undue hardship. In general, the ADA prohibits discrimination on the basis of disability in places of public accommodation and in commercial facilities. When an employer becomes aware of an employee's disability, the ADA requires the employer to provide a “reasonable accommodation” to enable the employee to perform the essential functions of the employee's job. The Equal Employment Opportunity Commission has divided its responses into three categories: pre-offer, post-offer, and during employment.