Title I of the ADA covers private employers that have 15 or more employees for each working day in each of 20 or more calendar weeks in the same calendar year as the alleged discrimination, or in the calendar year prior to the alleged discrimination. Part-time and temporary workers count during any calendar weeks they worked.
In some cases employers that look like separate entities are actually parts of an “integrated enterprise.” An integrated enterprise is one where the ownership or operation of two or more entities is so intertwined that they are treated as a single entity.
Employment agencies and labor unions may also be covered by Title I. In some instances employment agencies, together with the employers for whom their clients go to work, function as “joint employers.”
State and local governments’ employment practices are also covered.
Federal employment is not covered by the ADA, but rather by the Rehabilitation Act of 1973. The provisions of the Rehabilitation Act are similar to those of the ADA, but there are some distinctions.
Both the ADA and the Rehabilitation Act address all aspects of employment, including the selection process (applications, interviews, pre-employment tests, etc.), on-the-job issues (performing job duties, assignments, compensation, conduct, opportunities for promotion, lay-offs and terminations, etc.) and employment benefits.
Harassment and retaliation are also prohibited, and it is important to note that individuals with or without disabilities are protected from retaliation if they oppose unlawful discrimination.
If you are an employer, whether private, state or local government, or federal, visit our “Employers” pages for more information and resources.
If you are an individual with a disability who is working or looking for work, visit our “Job Seekers and Employees with Disabilities” page.