Site Navigation

ADA

You are here: Toolkit Home >ADA in the Workplace

ADA in the Workplace Introduction:

The Americans with Disabilities Act (ADA), passed in 1990, is a comprehensive federal civil rights law that prohibits discrimination on the basis of disability. Title I of the ADA covers employment. It requires employers with 15 or more employees to provide qualified individuals with disabilities an equal opportunity to benefit from the full range of employment-related opportunities: recruitment, hiring, promotions, training, pay, social activities, and other privileges of employment.

Identifying Essential Job Functions

Essential functions are those that are: critical, integral, indispensable, necessary, crucial, primary, fundamental, and imperative. There are several ways to identify essential functions: employer's judgment, written job description, consequences of not performing the function, job analysis, the amount of time spent performing a function, terms of a collective bargaining agreement.

If there is disagreement in determining essential functions of a job, you can call the Great Lakes ADA Technical Assistance Center at 1-800-949-4232.

Disclosing a Disability

Employers are not required to make any accommodations unless they are informed of the presence of a disability. It is not necessary to disclose the specific diagnosis, but only functional limitations related to the job at hand.

When should an individual disclose a disability to an employer? The disability does not need to be disclosed until the point where an accommodation is needed. For example, if an individual does not need accommodations for the application or interview process, but will need accommodations to perform the essential job functions, the individual can wait to disclose until after the application/interview component.

Resources to advise the disclosure of a disability:

Illinois ADA Project FAQ Sheet on Disability Disclosure: WORD | PDF
Virginia Commonwealth University's Guide to Disclosure Decisions (pdf)
T-TAP's Disclosure Question & Answers (pdf)

Filing an ADA Complaint

If you feel an employer is in violation of the ADA, you may file a charge of discrimination with the U.S. Equal Employment Opportunity Commission (EEOC). In the state of Wisconsin, and individual has 300 days from the date of the alleged discrimination in which to file. Contact the Milwaukee Area EEOC Office (serves all of Wisconsin). A complaint can be filed in person, by mail, or by telephone.

Milwaukee Area EEOC Office (Serves all of Wisconsin)
Reuss Federal Plaza
310 West Wisconsin Avenue, Suite 800
Milwaukee, WI 53203-2292
Phone: 1-800-669-4000
Fax: 414-297-4133
TTY: 1-800-669-6820

Needed When Filing a Complaint with EEOC:

The name, address, and telephone number of the person filing the charge;
The name, address, and telephone number of the company, employment agency, or union that the charge is filed against, and the number of employees (or union members), if known;
A short description of the event(s) with supporting documentation (if any)which caused the person filing the charge to believe that his or her rights were violated;
The date(s) the event(s) took place;
The names, addresses, and telephone numbers of any witnesses;
Whether the individual has filed the same or similar charge with a state or local fair employment practice agency; and
The name, address, and telephone number of a person who always knows where to contact the person wishing to file a charge.

For additional information on how to file an ADA charge: http://www.eeoc.gov/facts/howtofil.html

| Back to Top |

ADA in the Workplace Resources

U.S. Equal Employment Opportunity Commission: For local EEOC information you can contact them at the following:

201 East Washington Avenue
Madison, Wisconsin 53703
608-266–6860 (State)
414–297–1111 (Federal)

Milwaukee Area EEOC Office (serves all of Wisconsin). A complaint can be filed in person, by mail, or by telephone.
- Milwaukee Area EEOC Office
  Reuss Federal Plaza
  310 West Wisconsin Avenue, Suite 800
  Milwaukee, WI 53203-2292
  Phone: 1-800-669-4000
  Fax: 414-297-4133
  TTY: 1-800-669-6820
Great Lakes ADA: Provides information and consultation plus a question and answer section.
Job Accommodation Network: A free consulting service designed to increase the employability of people with disabilities by providing individualized worksite accommodations solutions, technical assistance regarding the ADA and other disability related legislation, and educating callers about self-employment options.
U.S. Department of Justice ADA Home Page: Offers ADA background and an ADA information line for both general and specific information about ADA. ADA Guide for People with Disabilities Seeking Employment from the U.S. Dept. of Justice.
Rehabilitation Research and Training Center on Workplace Supports and Job Retention: Provides a guide to Personal Assistance in the Workplace.