Understanding Section 3 of the Americans with Disabilities Act: A Comprehensive Guide

The Americans with Disabilities Act (ADA) is a landmark civil rights law that prohibits discrimination against individuals with disabilities in all aspects of life, including employment, public accommodations, and other aspects of society. Section 3 of the ADA is particularly important as it requires businesses and organizations to make their facilities and services accessible to people with disabilities. This section outlines specific requirements for accessible buildings and facilities, including ramps, elevators, and accessible entrances. Understanding Section 3 of the ADA is crucial for businesses and organizations to ensure they are in compliance with the law and to promote equal access and opportunities for individuals with disabilities.

What is Section 3 of the Americans with Disabilities Act?

Background and Purpose

Brief history of the Americans with Disabilities Act (ADA)

The Americans with Disabilities Act (ADA) was signed into law on July 26, 1990, by President George H.W. Bush. The ADA is a comprehensive civil rights law that prohibits discrimination against individuals with disabilities in all aspects of life, including employment, public accommodations, and other aspects of society. The law was enacted to ensure that people with disabilities have the same opportunities as those without disabilities and to eliminate discrimination against them.

Overview of Section 3 and its purpose

Section 3 of the ADA is one of the five sections of the law that outlines the specific requirements for employers, public accommodations, and other entities to ensure that individuals with disabilities have equal access to employment, public accommodations, and other aspects of society. The purpose of Section 3 is to ensure that individuals with disabilities have equal opportunities in employment and that employers do not discriminate against them.

Section 3 requires employers to provide reasonable accommodations to qualified individuals with disabilities, unless doing so would impose an undue hardship on the employer. Reasonable accommodations may include modifications to the workplace, job restructuring, and other measures that enable individuals with disabilities to perform the essential functions of their job.

Additionally, Section 3 prohibits employers from using pre-employment medical exams or inquiries that are not directly related to the job, unless such exams or inquiries are required of all applicants for the job. This provision is intended to prevent employers from using medical exams or inquiries as a means of discriminating against individuals with disabilities.

Overall, the purpose of Section 3 is to ensure that individuals with disabilities have equal opportunities in employment and that employers do not discriminate against them.

Key Provisions

• Equal employment opportunities for individuals with disabilities
  • Prohibition of discrimination in all aspects of employment
  • Requirement of reasonable accommodations for qualified individuals with disabilities
  • Protection of employees from retaliation for engaging in protected activities, such as filing a discrimination complaint or participating in an investigation
• Reasonable accommodations in the workplace
  • Requirement of employers to provide reasonable accommodations to qualified individuals with disabilities, unless doing so would impose an undue hardship
  • Examples of reasonable accommodations include modified work schedules, job restructuring, and provision of assistive technology
  • Employers are encouraged to engage in an interactive process with employees to identify appropriate accommodations
• Prohibition of discrimination based on disability
  • Prohibition of discrimination in all aspects of employment, including hiring, promotion, and termination
  • Protection of individuals with disabilities from harassment and other forms of discrimination in the workplace
  • Requirement of employers to provide equal access to benefits and privileges of employment, such as leave and training programs

By understanding these key provisions, individuals and employers can ensure compliance with Section 3 of the Americans with Disabilities Act and promote equal employment opportunities for individuals with disabilities.

Enforcement and Compliance

Responsibility of Covered Employers and Entities

Section 3 of the Americans with Disabilities Act (ADA) mandates that certain employers and entities ensure that their workforce, as well as their job applicants, are in compliance with the Act’s requirements. Covered employers and entities are required to provide reasonable accommodations to qualified individuals with disabilities, unless doing so would impose an undue hardship on the employer or entity.

Compliance with Section 3 Requirements

Compliance with Section 3 requirements involves implementing policies and procedures that ensure equal employment opportunities for individuals with disabilities. This includes providing reasonable accommodations to qualified individuals with disabilities, unless doing so would cause undue hardship. It also involves providing accessible facilities and ensuring that communication with individuals with disabilities is effective.

Enforcement Mechanisms and Penalties

The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing compliance with Section 3 of the ADA. The EEOC investigates complaints of discrimination and can take legal action against employers and entities that violate the Act’s provisions. Penalties for non-compliance can include monetary damages, back pay, and injunctions against further discrimination.

It is important for covered employers and entities to understand their responsibilities under Section 3 of the ADA and to take steps to ensure compliance. This includes providing reasonable accommodations to qualified individuals with disabilities, ensuring that facilities are accessible, and communicating effectively with individuals with disabilities. Failure to comply with the Act’s requirements can result in significant penalties and legal consequences.

Section 3 Regulations: Coverage and Scope

Who is covered under Section 3?

Definition of “covered employers” and “covered entities”

Under Section 3 of the Americans with Disabilities Act (ADA), certain employers and entities are required to ensure that individuals with disabilities have access to employment opportunities and reasonable accommodations. The term “covered employers” refers to those employers who are subject to the provisions of Section 3, while “covered entities” encompass a broader range of organizations, including employers, state and local governments, and public accommodations.

Exceptions and limitations

While Section 3 applies to a wide range of employers and entities, there are certain exceptions and limitations that may apply. For example, small businesses with fewer than 15 employees may be exempt from certain requirements if compliance would pose an undue burden. Additionally, certain entities may be exempt from specific provisions of Section 3 if they are subject to other federal laws or regulations that provide similar protections for individuals with disabilities.

It is important to note that the specific coverage and scope of Section 3 may vary depending on the specific circumstances of each case. Employers and entities subject to Section 3 are encouraged to consult with legal counsel to ensure compliance with the provisions of the ADA.

What activities and areas are covered by Section 3?

Section 3 of the Americans with Disabilities Act (ADA) covers a wide range of activities and areas to ensure that individuals with disabilities have equal opportunities and access to employment, public accommodations, and other facilities. Some of the key areas covered by Section 3 include:

• Employment practices and policies: Section 3 requires employers to provide equal employment opportunities to individuals with disabilities, including job application procedures, hiring, promotion, training, and other employment-related activities. Employers are also required to make reasonable accommodations for employees with disabilities, unless doing so would impose an undue hardship on the employer.
• Access to public accommodations and other facilities: Section 3 requires that all public accommodations, such as restaurants, hotels, theaters, and other commercial facilities, be accessible to individuals with disabilities. This includes ensuring that buildings, entrances, restrooms, and other facilities are accessible, as well as providing auxiliary aids and services, such as sign language interpreters, to facilitate communication.
• Communications and other forms of accessibility: Section 3 requires that individuals with disabilities have access to effective communication, including through the use of assistive technology and other means. This includes providing written materials in accessible formats, such as Braille or large print, and ensuring that electronic communications, such as websites and email, are accessible to individuals with disabilities.

Overall, Section 3 of the ADA is designed to ensure that individuals with disabilities have equal access and opportunities in all aspects of life, including employment, public accommodations, and communication. By covering a wide range of activities and areas, Section 3 helps to promote inclusion and accessibility for all individuals with disabilities.

Section 3 and the Intersection with Other Laws and Regulations

Relationship with other federal laws and regulations

Section 3 of the Americans with Disabilities Act (ADA) is just one part of a larger framework of disability rights and protections in the United States. There are several other federal laws and regulations that intersect with the ADA, and understanding these relationships is crucial for fully comprehending the scope and impact of disability rights in the US.

Some of the most relevant laws and regulations that intersect with the ADA include:

• The Rehabilitation Act of 1973: This law prohibits discrimination on the basis of disability in programs and activities that receive federal financial assistance. It also includes provisions for accessibility in federal buildings and electronic and information technology.
• The Fair Labor Standards Act (FLSA): This law sets minimum wage, overtime pay, recordkeeping, and child labor standards for employees in the US. It also prohibits discrimination on the basis of disability in employment.
• The Individuals with Disabilities Education Act (IDEA): This law ensures that children with disabilities have access to a free and appropriate public education, and it provides funding for special education and related services.

Understanding how these laws and regulations intersect with the ADA can help ensure that individuals with disabilities are protected in all aspects of life, from employment to education to accessibility in public spaces. It is important for advocates, policymakers, and the general public to understand the relationship between these laws and regulations in order to fully uphold the rights and protections afforded to individuals with disabilities under the ADA.

State and local laws and regulations

Preemption of state and local laws by Section 3

Section 3 of the Americans with Disabilities Act (ADA) provides comprehensive protections for individuals with disabilities, prohibiting discrimination in employment, public accommodations, and other aspects of life. While the ADA is a federal law, it may also preempt, or supersede, state and local laws and regulations that are inconsistent with its provisions. This means that if a state or local law would violate the protections provided by the ADA, the ADA will control and the state or local law will be considered invalid.

The role of state and local governments in enforcing Section 3

Although the ADA is a federal law, state and local governments play a critical role in enforcing its provisions. State and local governments are responsible for ensuring that their laws and regulations do not discriminate against individuals with disabilities and that they are consistent with the ADA. They may also have their own laws and regulations that provide additional protections for individuals with disabilities, as long as they do not conflict with the ADA.

State and local governments are also responsible for enforcing the ADA’s requirements in their jurisdictions. This includes ensuring that public accommodations, such as buildings and facilities, are accessible to individuals with disabilities, and that employers do not discriminate against individuals with disabilities in hiring, promotion, and other employment-related decisions.

State and local governments may also have their own agencies or departments responsible for enforcing the ADA, or they may work with federal agencies, such as the U.S. Department of Justice, to enforce the law. Individuals who believe they have been discriminated against on the basis of disability may file a complaint with the appropriate state or local agency, or with the U.S. Equal Employment Opportunity Commission (EEOC), which is responsible for enforcing the ADA in employment-related cases.

Practical Tips for Compliance with Section 3

Developing and implementing policies and procedures

Creating and updating Section 3 policies is crucial for compliance with the Americans with Disabilities Act (ADA). Best practices for developing these policies include:

1. Establishing a clear and comprehensive policy: The policy should outline the employer’s commitment to providing equal employment opportunities for individuals with disabilities and should address specific issues such as reasonable accommodations, accessible technology, and non-discrimination.
2. Involving relevant stakeholders: It is important to involve individuals with disabilities, human resources professionals, and managers in the development and review of the policy to ensure that it accurately reflects the needs and concerns of all parties involved.
3. Providing training: All employees and managers should receive training on the Section 3 policy and its requirements to ensure that they understand their responsibilities and can comply with the policy.
4. Updating the policy regularly: The policy should be reviewed and updated regularly to ensure that it remains relevant and effective in addressing the needs of individuals with disabilities.

By following these best practices, employers can ensure that their Section 3 policies are comprehensive, effective, and comply with the requirements of the Americans with Disabilities Act.

Responding to complaints and requests for accommodations

When it comes to responding to complaints and requests for accommodations under Section 3 of the Americans with Disabilities Act (ADA), there are specific steps that covered entities must take to ensure compliance with the law.

1. Designate a responsible employee: Covered entities should designate at least one employee to handle complaints and requests for accommodations. This employee should be trained on the ADA and the specific procedures for handling complaints and requests for accommodations.
2. Investigate the complaint: Once a complaint or request for accommodation is received, the responsible employee should investigate the matter. This may include interviewing witnesses, reviewing relevant documents, and visiting the site where the alleged violation occurred.
3. Respond in a timely manner: Covered entities must respond to complaints and requests for accommodations in a timely manner. This means that they should respond within a reasonable amount of time, which may vary depending on the circumstances of the case.
4. Communicate with the individual: When communicating with individuals with disabilities and their representatives, covered entities should use clear and simple language. They should also provide information in accessible formats, such as large print or braille, if necessary.
5. Provide a written response: Covered entities should provide a written response to the complaint or request for accommodation. This response should explain the outcome of the investigation, any actions that will be taken to correct any violations, and the individual’s right to file a complaint with the U.S. Department of Justice.

By following these steps, covered entities can ensure that they are responding to complaints and requests for accommodations in a manner that is consistent with the requirements of Section 3 of the ADA.

Auditing and monitoring compliance

One of the most effective ways to ensure compliance with Section 3 of the Americans with Disabilities Act (ADA) is by conducting regular audits and monitoring for potential violations. Here are some practical tips to help your organization achieve compliance:

• Conducting self-assessments and audits: It is essential to evaluate your organization’s facilities, programs, and services to identify any barriers that may impede accessibility for individuals with disabilities. This can be done by conducting self-assessments and audits to identify any non-compliant areas. These assessments should be conducted periodically to ensure that any changes made to facilities, programs, or services are compliant with the ADA.
• Identifying potential violations: During the audit process, it is important to identify any potential violations of the ADA. This can include issues such as lack of accessible parking, inaccessible entrances, or insufficient signage for individuals with visual impairments.
• Developing an action plan: Once potential violations have been identified, it is important to develop an action plan to address them. This plan should include a timeline for remediation, as well as the responsible parties for each issue.
• Remediation: Remediation efforts should be focused on removing any barriers to accessibility and ensuring that all facilities, programs, and services are fully accessible to individuals with disabilities. This may involve making physical modifications to buildings, upgrading technology to be accessible, or providing alternative formats for individuals with visual or auditory impairments.
• Monitoring for potential violations and addressing them promptly: It is essential to continue monitoring for potential violations and addressing them promptly to ensure ongoing compliance with the ADA. This can be done by conducting periodic audits and assessments, as well as implementing a system for reporting and addressing any issues that arise.

By following these practical tips, your organization can ensure that it is in compliance with Section 3 of the ADA and providing equal access to all individuals, including those with disabilities.

Common Section 3 Misconceptions and Myths

Myth: Section 3 only applies to physical accessibility

Debunking the misconception that Section 3 only applies to physical accessibility

The Americans with Disabilities Act (ADA) was enacted in 1990 to prohibit discrimination against individuals with disabilities in all aspects of life, including employment, public accommodations, and other aspects of society. Section 3 of the ADA is a critical provision that requires certain entities to ensure that their contracts and subcontracts include a specific percentage of qualified individuals with disabilities. This requirement applies to all entities that receive federal financial assistance, including those that provide goods, services, or facilities to the public.

However, a common misconception is that Section 3 only applies to physical accessibility. This could not be further from the truth. While physical accessibility is an important aspect of the ADA, Section 3 covers a much broader range of issues related to employment practices and policies.

Discussing the broader scope of Section 3 and its coverage of employment practices and policies

Section 3 of the ADA requires that certain entities ensure that their contracts and subcontracts include a specific percentage of qualified individuals with disabilities. This requirement applies not only to physical accessibility but also to employment practices and policies. This means that entities must take steps to ensure that individuals with disabilities are represented in all aspects of their operations, including hiring, promotion, and training.

Furthermore, Section 3 requires that entities provide reasonable accommodations to qualified individuals with disabilities. This means that entities must make reasonable modifications to their policies, practices, and procedures to ensure that individuals with disabilities can perform the essential functions of their jobs. This may include providing accommodations such as sign language interpreters, Braille materials, or modified work schedules.

In addition to these requirements, Section 3 also prohibits entities from discriminating against individuals with disabilities in all aspects of employment. This includes discrimination in hiring, promotion, and termination. Entities must ensure that they are providing equal opportunities to individuals with disabilities and that they are not engaging in discriminatory practices.

In conclusion, while physical accessibility is an important aspect of the ADA, Section 3 covers a much broader range of issues related to employment practices and policies. Entities must take steps to ensure that individuals with disabilities are represented in all aspects of their operations and that they are providing reasonable accommodations and equal opportunities. By understanding the full scope of Section 3, entities can ensure that they are in compliance with the ADA and that they are creating a more inclusive and equitable society for all individuals, including those with disabilities.

Myth: Compliance with Section 3 is not required if no individuals with disabilities are employed

One common misconception about Section 3 of the Americans with Disabilities Act (ADA) is that compliance with the provision is not required if no individuals with disabilities are employed by the entity. This belief is far from accurate.

Clarifying the misconception that Section 3 only applies if individuals with disabilities are employed

Section 3 of the ADA mandates that federal contractors and subcontractors ensure that individuals with disabilities have equal access to employment opportunities. It is not limited to those who have disabilities already employed by the entity. In other words, even if an entity has no current employees with disabilities, it is still obligated to comply with Section 3.

Explaining the obligations of covered employers and entities under Section 3, regardless of the number of individuals with disabilities employed

The purpose of Section 3 is to promote the hiring, retention, and advancement of individuals with disabilities. Covered employers and entities are required to take affirmative action to ensure that individuals with disabilities have equal access to employment opportunities. This includes recruitment, hiring, and promotional practices.

Moreover, Section 3 requires covered employers and entities to establish a utilization goal for individuals with disabilities and to implement good faith efforts to meet that goal. This means that even if no individuals with disabilities are currently employed, the entity must make a concerted effort to recruit and hire individuals with disabilities.

In conclusion, compliance with Section 3 of the ADA is mandatory for all covered employers and entities, regardless of whether or not they currently employ individuals with disabilities. The goal of the provision is to ensure equal access to employment opportunities for individuals with disabilities, and non-compliance can result in legal consequences.

Resources for Further Information and Assistance

Government resources

The Americans with Disabilities Act (ADA) is a federal law that prohibits discrimination against individuals with disabilities in employment, public accommodations, and other aspects of life. Section 3 of the ADA focuses on promoting economic opportunities for individuals with disabilities. This section requires that contractors and subcontractors that do business with the federal government meet certain requirements related to hiring and employing individuals with disabilities.

In order to ensure compliance with Section 3 of the ADA, there are several government resources available. These resources provide information, guidance, and assistance to individuals and businesses looking to understand and comply with the requirements of the law.

• The U.S. Department of Labor’s Office of Disability Employment Policy (ODEP) is a key resource for information and guidance on Section 3 of the ADA. ODEP provides a wide range of materials, including guides, toolkits, and training programs, to help businesses understand their obligations under the law and to promote the hiring of individuals with disabilities.
• The U.S. Department of Justice’s Civil Rights Division is responsible for enforcing the ADA and can provide information on how to file a complaint if you believe your rights under the law have been violated. The Department of Justice also offers technical assistance and training to help businesses understand and comply with the requirements of the ADA.
• The Small Business Administration (SBA) provides a variety of resources and programs to help small businesses comply with the ADA. The SBA offers training and technical assistance, as well as financial assistance and other resources, to help small businesses create accessible workplaces and to hire individuals with disabilities.

By utilizing these government resources, individuals and businesses can better understand their obligations under Section 3 of the ADA and work towards creating a more inclusive and accessible society for all.

Non-governmental resources

For individuals seeking further information and assistance regarding Section 3 of the Americans with Disabilities Act (ADA), there are several non-governmental resources available. These resources include organizations and advocacy groups focused on disability rights and protections, as well as training and technical assistance providers.

Organizations and advocacy groups focused on disability rights and protections

There are numerous organizations and advocacy groups that focus on disability rights and protections. These organizations can provide valuable information and resources to individuals seeking to understand their rights under the ADA. Some examples of such organizations include:

• The American Association of People with Disabilities (AAPD): The AAPD is a national non-profit organization that works to promote equal opportunity, economic self-sufficiency, and full participation for individuals with disabilities.
• The Disability Rights Education and Defense Fund (DREDF): The DREDF is a national law and policy center that focuses on disability rights. The organization works to advance the civil rights of individuals with disabilities through legal advocacy, policy development, and public education.
• The National Disability Rights Network (NDRN): The NDRN is a non-profit organization that supports a network of Protection and Advocacy Systems (P&As) throughout the United States. P&As are independent, non-profit organizations that provide legal and advocacy services to individuals with disabilities.

Training and technical assistance providers

For individuals seeking training and technical assistance regarding the ADA, there are several providers available. These providers can offer training on the requirements of the ADA, as well as guidance on how to ensure compliance with the law. Some examples of training and technical assistance providers include:

• The ADA National Network: The ADA National Network is a network of regional centers that provides information and technical assistance on the ADA. The network offers training, technical assistance, and information on ADA requirements and best practices.
• The National Association of the Deaf (NAD): The NAD is a national civil rights organization that works to protect the rights of deaf and hard of hearing individuals. The organization offers training and technical assistance on issues related to accessibility and communication for individuals who are deaf or hard of hearing.
• The Job Accommodation Network (JAN): JAN is a service provided by the Office of Disability Employment Policy (ODEP) of the U.S. Department of Labor. JAN offers technical assistance and training on job accommodations and other disability-related issues.

Overall, non-governmental resources can provide valuable information and assistance to individuals seeking to understand their rights under the ADA. These resources can offer training, technical assistance, and guidance on how to ensure compliance with the law, as well as provide information on disability rights and protections.

Legal resources

Overview of legal protections and remedies available under Section 3

Section 3 of the Americans with Disabilities Act (ADA) provides important legal protections and remedies for individuals with disabilities. These protections ensure that individuals with disabilities have equal access to employment, public accommodations, and other aspects of life. Individuals who feel that their rights under Section 3 have been violated may have legal recourse through the filing of a complaint with the U.S. Equal Employment Opportunity Commission (EEOC) or through a private lawsuit.

Contact information for legal services and advocacy organizations

For individuals who need further information or assistance with their rights under Section 3 of the ADA, there are a variety of legal services and advocacy organizations available. These organizations can provide information on the legal protections and remedies available under Section 3, as well as assistance with filing complaints or pursuing legal action. Some examples of legal services and advocacy organizations include:

• The Disability Rights Legal Center: A non-profit organization that provides free legal services to individuals with disabilities in California.
• The Disability Law Center: A non-profit organization that provides free legal services to individuals with disabilities in Massachusetts.
• The National Disability Rights Network: A non-profit organization that provides technical assistance and training to protect and advocate for the rights of individuals with disabilities.

These are just a few examples of the many legal services and advocacy organizations available to assist individuals with disabilities. For a more comprehensive list of resources, individuals can visit the ADA.gov website or contact their local disability rights organization.

Additional Resources

For individuals seeking further information and assistance regarding Section 3 of the Americans with Disabilities Act (ADA), there are numerous resources available. These resources include relevant publications, articles, and research materials, as well as webinars, trainings, and other educational opportunities.

Relevant Publications, Articles, and Research Materials

There are a variety of publications, articles, and research materials available that provide valuable information on Section 3 of the ADA. These resources can be used to gain a deeper understanding of the provisions and requirements of the law, as well as to stay up-to-date on any changes or updates to the legislation. Some examples of relevant publications and articles include:

• The ADA Requirements: Accessible Swimming Pools, Wading Pools, and Spas by the U.S. Department of Justice
• The ADA and Web Accessibility: A Primer for Small Business by the Small Business Administration
• Understanding the ADA: What People with Disabilities Need to Know by the National Disability Rights Network

In addition to these publications and articles, there are also numerous research materials available, such as academic articles and studies, that provide in-depth analysis of the ADA and its impact on individuals with disabilities.

Webinars, Trainings, and Other Educational Opportunities

For individuals looking to learn more about Section 3 of the ADA, there are a variety of webinars, trainings, and other educational opportunities available. These resources can provide valuable information on the provisions and requirements of the law, as well as offer practical guidance on how to ensure compliance with the ADA. Some examples of relevant webinars and trainings include:

• “Accessibility for Everyone: Understanding the Americans with Disabilities Act” by the International Association of Accessibility Professionals
• “ADA Compliance for Small Businesses: What You Need to Know” by the Small Business Administration
• “Navigating the Americans with Disabilities Act: A Guide for Employers” by the Society for Human Resource Management

These webinars and trainings can be a valuable resource for individuals seeking to understand the requirements of the ADA and how to ensure compliance. Additionally, many of these resources are available online, making them accessible to individuals regardless of their location.

FAQs

1. What is the Americans with Disabilities Act (ADA)?

The Americans with Disabilities Act (ADA) is a comprehensive civil rights law that prohibits discrimination against individuals with disabilities in all aspects of life, including employment, transportation, public accommodations, and other areas. It was signed into law on July 26, 1990, and has since become a cornerstone of disability rights in the United States.

2. What is Section 3 of the ADA?

Section 3 of the ADA is a provision that requires employers, state and local governments, and other covered entities to take affirmative action to recruit, hire, and promote individuals with disabilities. This includes setting goals and timetables for hiring and promoting individuals with disabilities, as well as providing reasonable accommodations to enable them to perform their jobs effectively.

3. Who is covered under Section 3 of the ADA?

Section 3 of the ADA applies to all employers, state and local government agencies, and other covered entities, including private businesses and non-profit organizations. It also applies to federal contractors and subcontractors, who are required to comply with the provisions of Section 3 as a condition of receiving federal contracts.

4. What are reasonable accommodations under Section 3 of the ADA?

Reasonable accommodations are modifications or adjustments to the workplace, job duties, or work environment that enable individuals with disabilities to perform their jobs effectively. Examples of reasonable accommodations include providing accessible workstations, allowing flexible scheduling, and providing interpreters or other assistive technology.

5. Are there any exceptions to the requirements of Section 3 of the ADA?

Yes, there are certain exceptions to the requirements of Section 3 of the ADA, such as when compliance would result in an undue hardship or when the individual with a disability is not qualified to perform the essential functions of the job. However, these exceptions are narrowly construed, and covered entities are generally required to provide reasonable accommodations unless it would be an undue hardship or the individual is not qualified for the job.

6. How can I file a complaint under Section 3 of the ADA?

If you believe that you have been discriminated against on the basis of disability in violation of Section 3 of the ADA, you may file a complaint with the Equal Employment Opportunity Commission (EEOC) or the Department of Justice (DOJ). You may also file a complaint with your state’s fair employment agency or civil rights agency. The process for filing a complaint varies depending on the jurisdiction and the specific agency responsible for enforcing the ADA.

What is the ADA? Basics and Definitions of the Americans with Disabilities Act