[ORGANIZATION NAME]

AMERICANS WITH DISABILITIES ACT (ADA) POLICY

Disability Nondiscrimination and Reasonable Accommodation

POLICY INFORMATION

Policy Number: _______________________

Effective Date: _______________________

Last Revised: _______________________

Policy Owner: Human Resources Department

Approved By: _______________________

Review Cycle: Annual

TABLE OF CONTENTS

1. Purpose and Scope
2. Policy Statement
3. Definitions
4. Responsibilities
5. Reasonable Accommodation Process
6. Medical Information and Confidentiality
7. Service Animals
8. Complaint Procedure
9. Retaliation Prohibited
10. Training
11. Accessibility Standards
12. Record Retention
13. Related Policies
14. Policy Review and Updates

1. PURPOSE AND SCOPE

1.1 Purpose

This policy establishes [Organization Name]'s commitment to:

• Ensuring equal employment opportunity for qualified individuals with disabilities
• Complying with the Americans with Disabilities Act of 1990 (ADA), as amended by the ADA Amendments Act of 2008 (ADAAA)
• Complying with applicable state and local disability rights laws
• Providing reasonable accommodations to qualified individuals with disabilities
• Maintaining accessible facilities, services, and programs
• Creating an inclusive workplace culture

1.2 Scope

This policy applies to:

☐ All employees
☐ All applicants for employment
☐ All contractors and temporary workers (to the extent applicable)
☐ All facilities owned or operated by [Organization Name]
☐ All company-sponsored programs, activities, and events
☐ Website and digital properties
☐ Customer/client interactions (Title III compliance)

1.3 Applicability

Title I (Employment): This policy applies to all aspects of employment, including but not limited to:

• Recruitment and hiring
• Compensation and benefits
• Job assignments and promotions
• Training and professional development
• Discipline and termination
• Leave policies
• Social and recreational programs

Title III (Public Accommodations): [If applicable] This policy also applies to [Organization Name]'s facilities and services that are open to the public.

2. POLICY STATEMENT

2.1 Nondiscrimination Commitment

[Organization Name] is committed to ensuring equal opportunity and full participation for individuals with disabilities. We do not discriminate against any qualified individual with a disability in any aspect of employment or, where applicable, in the provision of goods and services.

[Organization Name] prohibits discrimination against individuals:

• Who have a physical or mental impairment that substantially limits one or more major life activities
• Who have a record of such an impairment
• Who are regarded as having such an impairment
• Who have an association or relationship with a person with a disability

2.2 Reasonable Accommodation Commitment

[Organization Name] is committed to providing reasonable accommodations to:

• Qualified applicants with disabilities to ensure equal opportunity in the application process
• Qualified employees with disabilities to enable them to perform the essential functions of their jobs
• Employees with disabilities to enjoy equal benefits and privileges of employment

2.3 Accessibility Commitment

[Organization Name] is committed to maintaining:

• Physically accessible facilities
• Accessible digital properties (website, applications, electronic documents)
• Accessible communication methods
• Accessible programs and services

3. DEFINITIONS

3.1 Disability

Under the ADA, as amended, a "disability" is:

(a) A physical or mental impairment that substantially limits one or more major life activities; OR

(b) A record of such an impairment; OR

(c) Being regarded as having such an impairment.

Major Life Activities include, but are not limited to: caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, working, and the operation of major bodily functions.

Note: The ADAAA directs that the definition of disability be construed broadly and should not require extensive analysis.

3.2 Qualified Individual with a Disability

An individual who:

(a) Satisfies the requisite skill, experience, education, and other job-related requirements of the position; AND

(b) Can perform the essential functions of the position with or without reasonable accommodation.

3.3 Essential Functions

The fundamental job duties of the position that the individual holds or desires. A function may be essential because:

• The reason the position exists is to perform that function
• There are a limited number of employees available to perform the function
• The function is highly specialized

Evidence of essential functions may include:
- Written job descriptions prepared before advertising or interviewing
- Amount of time spent performing the function
- Consequences of not performing the function
- Work experience of past and current employees
- Collective bargaining agreements

3.4 Reasonable Accommodation

Any change in the work environment or in the way things are customarily done that enables a qualified individual with a disability to enjoy equal employment opportunities. Examples include:

• Making facilities accessible
• Job restructuring
• Modified work schedules
• Reassignment to a vacant position
• Acquiring or modifying equipment
• Adjusting examinations, training materials, or policies
• Providing qualified readers or interpreters
• Telework/remote work arrangements
• Leave beyond standard leave policies

3.5 Undue Hardship

An accommodation that would require significant difficulty or expense when considered in light of:

• The nature and cost of the accommodation
• The overall financial resources of the facility and employer
• The type of operation, including workforce composition and structure
• The impact on operations

3.6 Interactive Process

The good-faith dialogue between the employer and the individual requesting an accommodation to identify the precise limitations resulting from the disability and potential reasonable accommodations.

4. RESPONSIBILITIES

4.1 Human Resources Department

• Serve as the primary point of contact for accommodation requests
• Coordinate the interactive process
• Maintain confidential medical records
• Ensure consistent application of this policy
• Provide training on ADA compliance
• Monitor and track accommodation requests and outcomes
• Stay current on ADA regulations and best practices

4.2 ADA Coordinator / Accessibility Coordinator

Name: _______________________

Title: _______________________

Contact: _______________________

Responsibilities:
- Oversee ADA compliance organization-wide
- Respond to accommodation requests and inquiries
- Investigate ADA-related complaints
- Coordinate with departments on accessibility issues
- Monitor physical and digital accessibility
- Serve as liaison with external agencies

4.3 Managers and Supervisors

• Recognize when an employee may need an accommodation
• Forward accommodation requests to HR promptly
• Participate in the interactive process
• Implement approved accommodations
• Maintain confidentiality of medical information
• Ensure compliance with this policy within their departments
• Prevent and report any retaliation

4.4 Employees

• Inform [Organization Name] of the need for an accommodation
• Provide documentation of disability and limitations when requested
• Participate in the interactive process in good faith
• Communicate with supervisor/HR about accommodation effectiveness
• Report any ADA-related concerns or retaliation

5. REASONABLE ACCOMMODATION PROCESS

5.1 Requesting an Accommodation

(a) How to Request: Accommodation requests may be made:

• Verbally or in writing
• To a supervisor, manager, HR, or the ADA Coordinator
• Using the Reasonable Accommodation Request Form (if available)
• Through any reasonable communication method

(b) No Magic Words Required: Employees do not need to use specific terms like "ADA" or "reasonable accommodation." Any request indicating that an adjustment or change is needed for a medical reason may initiate the accommodation process.

(c) Third-Party Requests: A family member, friend, health professional, or other representative may request an accommodation on behalf of an employee.

5.2 Interactive Process

Upon receiving an accommodation request, [Organization Name] will:

(a) Acknowledge receipt within [5 business days]

(b) Initiate the interactive process, which may include:
- Meeting with the employee to discuss the nature of the limitation
- Reviewing the essential functions of the job
- Identifying potential accommodations
- Assessing the reasonableness and effectiveness of proposed accommodations
- Consulting resources such as the Job Accommodation Network (JAN)

(c) Request medical documentation, if needed, to:
- Verify the existence of a disability under the ADA
- Understand the functional limitations
- Identify effective accommodations

(d) Make a determination within [30 days] of receiving all necessary information

(e) Implement approved accommodations promptly

5.3 Documentation Requirements

When requesting medical documentation, [Organization Name] will:

• Request only information relevant to the accommodation request
• NOT request complete medical records
• NOT request information about unrelated conditions
• Explain what information is needed and why

Employees should provide documentation that includes:
- Nature of the disability (diagnosis may be requested if necessary to understand limitations)
- Functional limitations affecting job performance
- Recommended accommodations and why they would be effective
- Expected duration of the condition

5.4 Types of Reasonable Accommodations

Reasonable accommodations may include, but are not limited to:

Physical Workspace:
- Accessible workstation or parking
- Modified furniture or equipment
- Environmental adjustments (lighting, temperature, noise)
- Private workspace

Equipment and Technology:
- Assistive technology (screen readers, magnification, voice recognition)
- Modified equipment
- Ergonomic devices

Schedule and Attendance:
- Flexible work hours
- Modified break schedule
- Part-time or reduced schedule
- Leave for medical treatment
- Telework/remote work

Job Duties:
- Reassignment of marginal functions
- Job restructuring
- Reassignment to vacant position

Communication:
- Sign language interpreters
- Materials in alternative formats
- Assistive listening devices
- Modified communication methods

Policies and Procedures:
- Modified policies (attendance, dress code, etc.)
- Additional training time
- Modified supervision methods

5.5 Accommodation Decisions

(a) Approval: If an accommodation is approved:
- The accommodation will be documented
- The employee and supervisor will be informed
- Implementation will begin promptly
- Follow-up will occur to assess effectiveness

(b) Alternative Accommodation: [Organization Name] may offer an alternative accommodation if:
- The requested accommodation is not reasonable
- An alternative would be equally effective
- The requested accommodation would cause undue hardship

(c) Denial: If an accommodation cannot be provided:
- The employee will receive a written explanation
- The specific reasons for denial will be provided
- Alternative accommodations (if any) will be discussed
- The employee may appeal the decision

5.6 Temporary Accommodations

[Organization Name] may provide temporary accommodations while:
- Evaluating a request
- Waiting for equipment or modifications
- Assessing effectiveness of proposed accommodations

5.7 Reassignment

If an employee cannot be accommodated in their current position, [Organization Name] will consider reassignment to a vacant position for which the employee is qualified, subject to:
- Availability of vacant positions
- Employee's qualifications for the position
- Equivalent pay and status considerations
- Collective bargaining agreement provisions (if applicable)

6. MEDICAL INFORMATION AND CONFIDENTIALITY

6.1 Confidentiality Requirements

All medical information obtained in connection with accommodation requests will be:

• Kept confidential
• Stored separately from personnel files
• Disclosed only on a need-to-know basis

6.2 Permissible Disclosures

Medical information may be disclosed to:

• Supervisors/managers regarding necessary restrictions and accommodations (without diagnosis)
• First aid/safety personnel in case of emergency
• Government officials investigating ADA compliance
• Insurance companies requiring medical examination
• As otherwise required by law

6.3 Record Retention

Medical records and accommodation documentation will be retained in accordance with applicable laws and [Organization Name]'s record retention policy.

7. SERVICE ANIMALS

7.1 Policy

[Organization Name] permits service animals in the workplace and in public accommodation areas in accordance with ADA requirements.

7.2 Definition

A "service animal" is a dog (or in some cases, a miniature horse) that is individually trained to do work or perform tasks for a person with a disability. The work or task must be directly related to the disability.

Note: Emotional support animals, comfort animals, and therapy animals are NOT service animals under the ADA but may be accommodated as reasonable accommodations on a case-by-case basis.

7.3 Permitted Inquiries

When the need for a service animal is not obvious, [Organization Name] may ask:

• Is the animal required because of a disability?
• What work or task has the animal been trained to perform?

[Organization Name] may NOT:
- Ask about the nature of the person's disability
- Require documentation or proof of training
- Require the animal to demonstrate the task

7.4 Handler Responsibilities

The handler is responsible for:
- Keeping the animal under control at all times
- Caring for and supervising the animal
- Cleaning up after the animal

7.5 Removal of Service Animals

A service animal may be removed if:
- The animal is out of control and the handler does not take effective action
- The animal is not housebroken
- The animal poses a direct threat to health or safety

8. COMPLAINT PROCEDURE

8.1 Internal Complaints

Employees who believe they have been discriminated against based on disability or denied a reasonable accommodation may file a complaint:

(a) Step 1: Contact the ADA Coordinator or Human Resources

(b) Step 2: Provide a written description of the complaint, including:
- Nature of the discrimination or denial
- Date(s) of the incident(s)
- Names of individuals involved
- Desired resolution

(c) Step 3: Investigation will be conducted promptly and impartially

(d) Step 4: Determination and response within [30 days] of receiving the complaint

(e) Step 5: Appeal to [Senior HR/Legal/Executive] if dissatisfied with the resolution

8.2 External Complaints

Employees also have the right to file complaints with external agencies, including:

Equal Employment Opportunity Commission (EEOC):
- Website: www.eeoc.gov
- Phone: 1-800-669-4000
- Filing deadline: Generally 180 days (300 days in states with Fair Employment Practices Agencies)

[State Agency]:
- _______________________

[Local Agency]:
- _______________________

9. RETALIATION PROHIBITED

9.1 Anti-Retaliation Policy

[Organization Name] strictly prohibits retaliation against any individual who:

• Requests a reasonable accommodation
• Files a disability discrimination complaint
• Participates in an ADA investigation
• Opposes practices they believe violate the ADA
• Exercises any rights under the ADA

9.2 Definition of Retaliation

Retaliation includes any adverse action, such as:
- Termination or demotion
- Discipline or negative performance evaluation
- Harassment or intimidation
- Denial of benefits or opportunities
- Any other action that would discourage a reasonable person from exercising their rights

9.3 Reporting Retaliation

Employees who believe they have experienced retaliation should report it immediately to Human Resources or the ADA Coordinator.

10. TRAINING

10.1 Required Training

[Organization Name] will provide ADA training to:

(a) All Employees: General awareness training on:
- [Organization Name]'s commitment to accessibility
- How to request an accommodation
- Proper interaction with individuals with disabilities
- Prohibition on retaliation

(b) Managers and Supervisors: Additional training on:
- Recognizing accommodation requests
- Engaging in the interactive process
- Implementing accommodations
- Maintaining confidentiality
- Preventing discrimination and retaliation

(c) Human Resources and ADA Coordinators: Comprehensive training on:
- ADA legal requirements
- Interactive process best practices
- Documentation requirements
- Undue hardship analysis
- Current developments in ADA law

10.2 Training Schedule

• Initial training: Upon hire/promotion
• Refresher training: Annually
• Updates: As needed based on legal developments

11. ACCESSIBILITY STANDARDS

11.1 Physical Accessibility

[Organization Name] is committed to maintaining facilities that are accessible to individuals with disabilities in accordance with:

• 2010 ADA Standards for Accessible Design
• Applicable state and local accessibility codes
• [California Building Code Chapter 11B / Texas Accessibility Standards / Other: _____]

11.2 Digital Accessibility

[Organization Name] is committed to digital accessibility in accordance with:

• Web Content Accessibility Guidelines (WCAG) 2.1 Level AA
• DOJ Title II Web Accessibility Rule (for government entities)
• Applicable state requirements

Digital Accessibility Coordinator: _______________________

Accessibility Statement: Posted at [URL]

Accessibility Feedback: [Contact information]

11.3 Communication Accessibility

[Organization Name] will provide auxiliary aids and services, including:

• Sign language interpreters
• Real-time captioning
• Documents in alternative formats (large print, Braille, electronic)
• Assistive listening devices
• Screen reader-compatible materials

12. RECORD RETENTION

12.1 Accommodation Records

The following records will be maintained:

13. RELATED POLICIES

This policy should be read in conjunction with:

• Equal Employment Opportunity Policy
• Anti-Harassment Policy
• Leave of Absence Policy
• Return to Work Policy
• Workers' Compensation Policy
• Remote Work/Telework Policy
• [Other relevant policies]

14. POLICY REVIEW AND UPDATES

This policy will be reviewed annually and updated as necessary to ensure compliance with current legal requirements and best practices.

Last Review Date: _______________________

Next Review Date: _______________________

Reviewed By: _______________________

STATE-SPECIFIC ADDENDA

CALIFORNIA ADDENDUM

California Fair Employment and Housing Act (FEHA):
- FEHA applies to employers with 5+ employees
- FEHA uses a broader definition of disability than the ADA
- California emphasizes the interactive process requirement
- Failure to engage in good-faith interactive process may itself constitute discrimination

Contact:
Civil Rights Department (formerly DFEH)
Website: calcivilrights.ca.gov
Phone: 1-800-884-1684

TEXAS ADDENDUM

Texas Labor Code Chapter 21:
- Applies to employers with 15+ employees
- Administered by Texas Workforce Commission

Contact:
Texas Workforce Commission, Civil Rights Division
Website: twc.texas.gov
Phone: 512-463-2642

FLORIDA ADDENDUM

Florida Civil Rights Act:
- Applies to employers with 15+ employees
- Administered by Florida Commission on Human Relations

Contact:
Florida Commission on Human Relations
Website: fchr.myflorida.com
Phone: 850-488-7082

NEW YORK ADDENDUM

New York Human Rights Law:
- Applies to employers with 4+ employees
- Provides broader protections than federal ADA
- Permits compensatory damages in private suits

New York City Human Rights Law:
- Applies to employers with 4+ employees within NYC
- One of the most protective disability rights laws in the nation

Contact:
NYS Division of Human Rights
Website: dhr.ny.gov
Phone: 1-888-392-3644

NYC Commission on Human Rights
Website: nyc.gov/cchr
Phone: 212-306-7450

ACKNOWLEDGMENT

I acknowledge that I have received, read, and understand [Organization Name]'s ADA Policy. I agree to comply with this policy and understand that failure to do so may result in disciplinary action.

Employee Signature: _______________________ Date: _______________________

Printed Name: _______________________

Department: _______________________

This policy reflects ADA requirements as of January 2026. The ADA Amendments Act of 2008 broadened the definition of disability and directs that the definition be construed broadly. State and local laws may provide additional protections. Consult with legal counsel to ensure compliance with all applicable requirements.