US Disability Employment Laws, Rights, and Programs

Author: Disabled World (DW)
Updated/Revised Date: 24 Jul 2026

Table of Contents:
Synopsis - Definition - About This Section - FAQs - Publications - Subtopics

Synopsis

At a Glance

• 1 - A 2003 employer survey found that workplace accommodations cost 500 dollars or less, and 73 percent of employers needed no special facilities at all.
• 2 - Section 503 requires federal contractors with contracts over 10,000 dollars to take affirmative action to employ and advance qualified disabled individuals.
• 3 - After one year of employment, the retention rate of people with disabilities reaches 85 percent, helping companies reduce costly turnover.
• 4 - The 1990 census showed people with disabilities had a higher rate of self-employment and small business experience, at 12.2 percent, than those without.

Topic Definition

Americans With Disabilities Act

The Americans with Disabilities Act, widely known as the ADA, is the cornerstone United States civil rights law that prohibits discrimination against qualified individuals with disabilities in employment and other areas of public life. In the workplace it requires employers to treat disabled applicants and employees fairly and to provide reasonable accommodations, meaning practical changes such as modified equipment, adjusted duties, or flexible arrangements that let a person perform the essential functions of a job. The law works alongside other federal protections, including Section 503 of the Rehabilitation Act for federal contractors and the Family and Medical Leave Act for medical leave, while the Equal Employment Opportunity Commission enforces its employment provisions. Strengthened by the ADA Amendments Act, its definition of disability now clearly covers a broad range of conditions, from cancer and diabetes to epilepsy and intellectual disabilities, reflecting a national commitment to equal opportunity and full participation in the labor market.

About This Section

In the USA, The Department of Labor's Office of Disability Employment Policy (ODEP) seeks to increase employment opportunities for people with disabilities by expanding access to training, education, employment supports, assistive technology, integrated employment, entrepreneurial development, and small-business opportunities. The agency also builds partnerships with employers and state and local agencies to increase awareness of the benefits of hiring people with disabilities, and to facilitate the use of effective strategies.

The Department's Office of Federal Contract Compliance Programs (OFCCP) enforces Section 503 of the Rehabilitation Act, which requires federal contractors and subcontractors with government contracts exceeding $10,000, to take affirmative action to employ and advance in employment qualified individuals with disabilities.

The OFCCP also enforces the Vietnam Era Veterans Readjustment Assistance Act (VEVRAA), which prohibits employment discrimination against certain categories of veterans by federal contractors. Some disabled veterans are covered under this law.

When employees are injured or disabled or become ill on the job, they may be entitled to medical or disability-related leave under two federal laws: the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA). In addition, state Workers' Compensation laws have leave provisions that may apply. Depending on the situation, one or more of these laws can apply to the same employee.

Employment Rights of People with Specific Disabilities

The U.S. Equal Employment Opportunity Commission (EEOC) has issued four revised documents on protection against disability discrimination, pursuant to the goal of the agency's Strategic Plan to provide up-to-date guidance on the requirements of anti-discrimination laws.

The documents address how the Americans with Disabilities Act (ADA) applies to applicants and employees with cancer, diabetes, epilepsy, and intellectual disabilities. These documents are available on the agency's website at "Disability Discrimination, The Question, and Answer Series."

In plain, easy-to-understand language, the revised documents reflect the changes to the definition of disability made by the ADA Amendments Act (ADAAA) that make it easier to conclude that individuals with a wide range of impairments, including cancer, diabetes, epilepsy, and intellectual disabilities, are protected by the ADA.

Each of the documents also answers questions about topics such as when an employer may obtain medical information from applicants and employees; what types of reasonable accommodations individuals with these particular disabilities might need; how an employer should handle safety concerns; and what an employer should do to prevent and correct disability-based harassment.

Facts and Statistics on U.S. Disability Employment

• A U.S. survey of employers conducted in 2003 found that the cost of accommodations was only $500 or less; 73 percent of employers reported that their employees did not require special facilities at all.
• Companies report that employees with disabilities have better retention rates, reducing the high cost of turnover, says a 2002 U.S. study. Other American surveys reveal that after one year of employment, the retention rate of persons with disabilities is 85 percent.
• A 2004 United States survey found that only 35 percent of working-age people with disabilities are, in fact, working, compared to 78 percent of those without disabilities. Two-thirds of the unemployed, disabled respondents said they would like to work but could not find jobs.
• An estimated 386 million of the world's working-age people are disabled, says the International Labor Organization (ILO). Unemployment among the disabled is as high as 80 percent in some countries. Often, employers assume that persons with disabilities are unable to work.
• Thousands of people with disabilities have been successful as small business owners, according to the U.S. Department of Labor. The 1990 national census revealed that people with disabilities have a higher rate of self-employment and small business experience (12.2 percent) than people without disabilities (7.8 percent).
• A 2003 study by Rutgers University found that people with physical and mental disabilities continue to be vastly underrepresented in the U.S. workplace. One-third of the employers surveyed said that people with disabilities cannot effectively perform the required job tasks. The second most common reason given for not hiring the disabled was the fear of costly special facilities

Sen. Edward Kennedy once wrote;

"...the high unemployment rate among people receiving federal disability benefits is not because their federal benefits programs have 'front doors that are too big - i.e., have eligibility criteria that are too loose - but because they have 'back doors that are too small' - i.e., once persons are on the rolls, it is too risky to come off."

Frequently Asked Questions

Which employers must comply with the Americans with Disabilities Act?

The employment provisions of the ADA generally apply to private employers with fifteen or more employees, as well as state and local governments, employment agencies, and labor unions.

How do I file a disability discrimination complaint with the EEOC?

You can file a charge with the Equal Employment Opportunity Commission online, by mail, or in person, usually within 180 days of the discrimination, before you can pursue a lawsuit.

What is the Ticket to Work program?

Ticket to Work is a free, voluntary Social Security program that helps people receiving disability benefits explore work through job training, placement, and other employment support services.

Can an employer ask about my disability during a job interview?

Before a job offer an employer generally cannot ask about a disability, but they may ask whether you can perform the essential functions of the job with or without accommodation.

Will working affect my Social Security disability benefits?

Earning above certain thresholds can affect benefits, but work incentive programs let many recipients test employment while keeping some support, so checking the current rules first is wise.

What is the difference between the ADA and the Rehabilitation Act?

The Rehabilitation Act covers federal agencies, contractors, and programs receiving federal funds, while the ADA extends similar disability protections more broadly to private employers and public entities.

Does the ADA require employers to provide assistive technology?

Employers may need to provide assistive technology as a reasonable accommodation when it helps a qualified employee perform essential job duties and does not cause undue hardship.

Curated and edited by Ian C. Langtree, Founder & Editor-in-Chief, Disabled World. This section is maintained by the Disabled World editorial team.

Last updated: 24 Jul 2026