Americans with Disabilities Act (ADA)

The federal ADA only covers employers with 15 or more employees. California's FEHA covers employers with five or more full-time or part-time employees (giving employees of these smaller companies the right to a reasonable accomodation), and the FEHA definition of a disability is broader than the federal standards. Both laws apply to private employers, state and local governments, and employment agencies.

The ADA does not apply to tax-exempt private membership clubs or the federal government. However, the Rehabilitation Act of 1973 is another law that is almost identical to the ADA and does apply to federal agencies. The ADA does not apply to businesses owned and operated by Indian tribes, but section 504 of the Rehabilitation Act may apply in situations when tribal employers accept federal financial assistance, as well as in cases when tribal laws have been adopted which are similar to the ADA.

The bottom line: If you work for an employer with five or more employees, your job is probably protected by one of these laws. If your employer has fewer than five employees, you may still be protected by these laws in some ways, depending on your situation.

If you are treated worse than other people, or unequally, because of your disability, you are being discriminated against. Disability discrimination can include being denied a necessary reasonable accommodation during hiring, when you are performing your job duties or meeting a job standard, or participating in job benefits. Here are a few examples of how you could be discriminated against at your job:

• You are denied a job or a promotion because of a disability, or are paid less than other nondisabled coworkers doing the same or similar job.
• Your employer uses a practice or a system that has the effect of screening you or a group of people with similar disabilities from jobs or opportunities because of disability, and it is not justified by the needs of the business.
• You were denied a reasonable accommodation that was necessary to perform your job because the employer did not want to spend money on accommodations.
• You face coercion, intimidation, or interference from enjoying the same privileges and benefits of employment because you asked for your rights under the ADA, or participated in the procedures under the ADA for investigating and addressing discrimination.

If you believe you have been discriminated against because of your disability, you can file a complaint with the U.S. Equal Employment Opportunity Commission (EEOC), California Department of Justice Office of the Attorney General Civil Rights Section, or the California Civil Rights Department (CRD). To learn more about how to file a complaint or lawsuit, read DB101's Know Your Rights and Responsibilities article.