ADA (Americans with Disabilities Act) Compliance Checklist

Verify that the organization employs 15 or more employees for at least 20 calendar weeks in the current or preceding year, meeting the ADA Title I coverage threshold for private employers.

Publish and distribute a clear policy prohibiting discrimination based on disability in all employment practices and outlining the process for requesting and receiving reasonable accommodations.

Appoint a trained individual responsible for managing accommodation requests, facilitating the interactive process, ensuring compliance with ADA requirements, and serving as the primary contact for disability-related inquiries.

Display the EEOC "Equal Employment Opportunity is the Law" poster and any applicable state disability discrimination notices in a conspicuous location accessible to all employees and applicants.

Train all managers on recognizing accommodation requests (even informal ones), avoiding disability-related inquiries outside the permitted scope, and directing requests to the ADA coordinator without making independent medical judgments.

When an employee or applicant requests an accommodation or when the employer becomes aware of a possible need, begin the interactive process in good faith without unnecessary delay to identify effective accommodations.

Determine the fundamental duties of the job that the individual must be able to perform with or without reasonable accommodation, using the written job description, time spent on tasks, and consequences of not performing the function as factors.

Work with the employee to identify potential accommodations such as modified work schedules, assistive technology, job restructuring, reassignment to a vacant position, or physical workspace modifications that would enable the individual to perform essential functions.

Evaluate the proposed accommodation against undue hardship factors including the cost relative to the employer's financial resources, the size and structure of the organization, and the impact on business operations, documenting the analysis thoroughly.

If the disability or the need for accommodation is not apparent, request limited medical documentation from the employee's health care provider sufficient to establish that the individual has a disability and needs the requested accommodation, without requesting full medical records.

Implement the agreed-upon accommodation in a timely manner, check in with the employee to confirm it is effective, and be prepared to revisit the interactive process if the initial accommodation proves insufficient.

Maintain detailed records of all accommodation requests, communications, medical documentation received, accommodations considered and provided, and reasons for any denial, to demonstrate good-faith engagement in the interactive process.

Review all job advertisements, application forms, and pre-offer screening processes to eliminate any questions about disabilities, medical history, or workers' compensation claims, which are prohibited under ADA before a conditional offer of employment.

Offer accommodations such as accessible interview locations, sign language interpreters, alternative format application materials, or extended testing time to ensure qualified individuals with disabilities can participate fully in the hiring process.

Before extending a conditional offer, ask only whether the applicant can perform specific job functions, with or without accommodation, rather than asking about the existence, nature, or severity of a disability.

If requiring post-offer medical examinations or disability-related inquiries, apply them to all entering employees in the same job category and keep the results confidential in separate medical files with limited access.

Ensure all selection criteria, including physical requirements, testing standards, and certification requirements, are directly related to the essential functions of the position and do not screen out individuals with disabilities unless justified by business necessity.

Conduct a thorough assessment of all workplace facilities against the 2010 ADA Standards for Accessible Design, addressing entrances, restrooms, break rooms, parking, pathways, and workstations to ensure accessibility for employees with mobility impairments.

Review internal websites, intranet portals, HR systems, training platforms, and company communications for accessibility compliance, ensuring compatibility with screen readers and other assistive technologies.

Develop and communicate individualized emergency evacuation plans for employees with disabilities, including designated assistance, accessible egress routes, and areas of refuge, and conduct regular drills that include these procedures.

Make employee handbooks, benefits information, training materials, and other essential documents available in accessible formats such as large print, Braille, electronic text, or audio upon request.

Maintain all medical documentation, accommodation records, and disability-related information in files separate from the employee's personnel file, with access strictly limited to designated HR staff, the ADA coordinator, and first aid personnel when necessary.

Share information about an employee's accommodation only with supervisors and managers who need to know about necessary restrictions or accommodations, safety personnel if the condition might require emergency treatment, and government officials investigating ADA compliance.

Apply the ADAAA's expanded definition of disability, which includes physical or mental impairments that substantially limit one or more major life activities, a record of such impairment, or being regarded as having such an impairment, using the broad interpretation intended by Congress.

Ensure that no adverse action is taken against employees for requesting accommodations, participating in the interactive process, filing an ADA charge with the EEOC, or opposing practices they reasonably believe to be discriminatory.

Perform regular internal audits of employment practices, physical accessibility, digital accessibility, and accommodation processes to identify and proactively address potential ADA compliance gaps before they result in complaints or litigation.