7.2.4 Disability

Title I of the Americans with Disabilities Act of 1990 (ADA) prohibits discrimination by covered employers (generally, those employing 15 or more) in any aspect of employment against qualified individuals on the basis of a qualified disability.1  A covered individual is one who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires. If a disability and need for accommodation is obvious, an employee need not expressly or formally request accommodation. The law defines in some instances what is or is not reasonable accommodation, but generally it is a highly specific and individualized fact inquiry, focusing on the particular circumstances of the employee and employer. Title I of the ADA is enforced by the EEOC. Private lawsuits are authorized, but administrative exhaustion is required.

The Rehabilitation Act of 1973 includes provisions similar to the ADA and covers most employers receiving federal assistance.2  Louisiana’s Employment Discrimination Law provides a cause of action that is very similar to that available under the ADA.3

• 142 U.S.C. § 12102, et seq. For additional discussion on working with clients with disabilities and ensuring their access to the courts, see Court Access for Individuals with Disabilities.
• 229 U.S.C. § 701, et seq.
• 3La. R.S. 23:321, et seq.