ADA 35th Anniversary: Building Access and Inclusion at Work

On July 26, 2025, the ADA 35th anniversary marks a milestone for disability rights. 

To this day, the Americans with Disabilities Act (ADA) protects individuals with disabilities from discrimination in many aspects of public life, including employment, transportation, public accommodations, communications, and access to government programs and services. It also requires companies to reasonably accommodate individuals with disabilities.

As a result, the ADA has had a significant impact on workplaces over the last 35 years, making them more physically accessible for workers. Yet with all the progress worth celebrating, some challenges remain: Mental health and chronic conditions requiring unpredictable intermittent leaves still create challenges for employers and employees as the law and workplaces continue to evolve.  

History of the ADA and Requirements

The ADA was signed into law on July 26, 1990, and the Act is divided into five Titles. Of utmost importance to the employment relationship are Title I (Employment) and Title III (Public Accommodations).

Title III of the ADA requires entities open to the public to make their facilities accessible to individuals with disabilities. Over time, this resulted in public buildings and public websites becoming more accessible. The impact is far-reaching and easy to see today in architectural design and physical accommodations.

Title I of the ADA applies to employers. It prohibits employers from discriminating against employees with disabilities. In general, it also requires employers to provide reasonable accommodations to employees with disabilities unless doing so would create an undue hardship for the employer. Worth noting, undue hardship under the ADA is a high standard for employers to meet.

When an employer receives notice that an employee may need a reasonable accommodation to perform their job, the ADA requires the employer to engage in an interactive process with the employee to determine whether the employer can provide a reasonable accommodation that will allow the employee to successfully perform the essential functions of the job. This was only the start, as the Act grew in importance over time.

In 2008, the ADA Amendments Act (ADAAA) was signed into law and became effective on January 1, 2009. The ADAAA made significant changes to the definition of “disability” under the ADA, expanding what constituted a disability and, thereby, increasing the number of individuals protected under the ADA. Thus, the Act has continued to progress while serving as the nationwide benchmark for supporting employees with disabilities.

ADA 35th Anniversary: Ongoing Workplace Challenges

With time, employers have learned better strategies to provide reasonable accommodations for physical disabilities. Yet even 35 years later, challenges remain as the nature of work shifts.  

1. Interactive Process

The ADA requires employers and employees to engage in an interactive process regarding requests for disability accommodations. This process involves open communication and collaboration between the employer and the employee. It is individualized and can be complex. Failing to properly engage in the interactive process can lead to legal challenges for employers.

2. Mental Health and Invisible Disabilities

Rising awareness of mental health issues and invisible disabilities (such as chronic pain or learning disabilities) has led to new challenges for employers and employees. Because these are largely invisible and employees are not required to disclose their disabilities, it can be difficult for employers to recognize and accommodate these conditions. 

Employers must apply performance and conduct standards consistently to all employees, including those with disabilities. However, when informed about an invisible disability, employers may also want to consider whether a disability is impacting an employee’s performance or conduct, and whether reasonable accommodations could help the employee meet those standards.

3. Technology and Accessibility

As workplace technology continues to rapidly change, employers should consider whether digital tools and platforms are accessible to employees with disabilities. 

If not, then it may be time to look at some alternative solutions.

Future Focuses for Employers Under the ADA

The ADA has transformed workplaces and employment relationships over the last 35 years. As the nature of work continues to evolve, invisible disabilities and mental health conditions will likely continue to present challenges. 

The ADA 35th anniversary milestone offers employers a chance to reaffirm their commitment to accessibility and prepare for the future. Consider these actions:

• Training frontline managers to recognize when they’ve been notified of a potential disability and understand steps to engage internal teams in the reasonable accommodation interactive process.
• Proactively evaluating potential accommodations options that could be beneficial for neurodiverse employees now so the interactive process is not the first time the company has considered potential reasonable accommodations. This could make individual interactive process discussions smoother.
• Providing guidance and training on potential accommodations now to reduce future friction and lower the risk of discrimination claims as ADA obligations continue to expand.
• Designating the ADA anniversary as the annual checkpoint to review and update accommodation policies, ensuring ongoing compliance and effectiveness.