InstituteCompliance and Exceptions (Level 2)Focus AreaUSAHR ManagementEnglishAnalysisDisabilities and ADADisabilities and ADAHuman Resources
Who is covered? Who is exempt?
['Disabilities and ADA']
- Employees and applicants are protected by the ADA if they meet at least one of three requirements.
- Some entities are exempt from the ADA.
Employees and applicants are protected by the Americans with Disabilities Act (ADA) if they:
- Have an impairment that substantially limits one or more major life activities;
- Have a record of such an impairment; and/or
- Are believed to have an impairment that is not transitory (lasting or expected to last six months or less) and minor — even if the individual does not have such an impairment.
Some examples of exemptions to the ADA include:
- Executive agencies of the U.S. Government (they are covered by a similar law);
- Indian tribes; and
- Bona fide private membership clubs that are:
- Not labor organizations; and
- Are exempt from taxation under the Internal Revenue Code.