{"id":4682,"date":"2016-04-04T10:47:40","date_gmt":"2016-04-04T15:47:40","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/smallbusiness\/employment-law-and-human-resources\/discrimination-in-hiring-and-the-americans-with-disability-act.html"},"modified":"2026-05-01T04:43:00","modified_gmt":"2026-05-01T09:43:00","slug":"discrimination-in-hiring-and-the-americans-with-disability-act","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/smallbusiness\/employment-law-and-human-resources\/discrimination-in-hiring-and-the-americans-with-disability-act.html","title":{"rendered":"Discrimination in Hiring and the Americans With Disability Act"},"content":{"rendered":"\n
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Discrimination in Hiring and the Americans With Disability Act<\/h1>\n\n
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\n By Samuel Strom, J.D.<\/a> | Legally reviewed by Susan Mills Richmond, Esq.<\/a>\n | Last updated\n
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Editorial Note: We earn a commission from affiliate partner links on FindLaw. Commissions do not affect the editorial integrity of our legal content.<\/p>\n\n <\/div>\n \n

\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

The American with Disabilities Act (ADA) is a federal civil rights law prohibiting employers from discriminating against individuals with disabilities in recruiting, hiring, and in their employment. This law applies to businesses with 15 or more employees.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

Suppose you\u2019re looking to hire someone to fill a role in your company. You post the job opening, specifying the job duties<\/span> and required qualifications. Of course, it\u2019s in your best interest to hire the candidate best able to perform the duties. But federal law<\/span> prevents employers from denying job opportunities to people with disabilities<\/span> unless their disabilities prevent them from performing the job\u2019s essential functions.<\/p>\n

The\u00a0<\/span>Americans with Disabilities Act<\/span> (ADA<\/span>)<\/u><\/a>\u00a0provides a process for people with disabilities<\/span> to pursue a\u00a0disability discrimination<\/span> claim<\/u><\/a>. It also limits the type of questions employers can ask applicants about their physical abilities. If the employer violates the ADA<\/span>, they may face\u00a0hefty fines<\/u><\/a>. The ADA<\/span> reports that about 54 million<\/u><\/a>\u00a0Americans have disabilities (19% of the population). So, employers must understand and abide by the ADA<\/span> in the hiring process.<\/p>\n

This article describes\u00a0Title I of the <\/span>ADA<\/span><\/u><\/a>, which relates to employment. Here, you\u2019ll find information on the following topics:<\/p>\n