• Skip to primary navigation
  • Skip to main content

HRMorning

  • FREE RESOURCES
  • PREMIUM CONTENT
  • HR DEEP DIVES
  • PODCASTS
    • VOICES OF HR
    • WOMEN’S LEADERSHIP TODAY
  • LOGIN
  • SIGN UP FREE
  • Employment Law
  • Benefits
  • Recruiting
  • HR Technology
  • Payroll
  • Management
  • Women’s Leadership
  • More
    • Talent Management
    • Performance Management
    • Leadership & Strategy
    • Compensation
    • Policy & Procedures
    • Wellness
    • Staff Departure
    • HR Career & Self-Care
    • Health Care
    • Retirement Plans
  • Employment Law

ADA 35th Anniversary: Building Access and Inclusion at Work

Jody Ward-Rannow
By: Jody Ward-Rannow, HR Expert Contributor
  • Share on

About the Author

Jody Ward-Rannow serves as of counsel in the Minneapolis office for Ogletree Deakins. She has extensive experience in many areas of employment law with a special focus on healthcare clients, including physician/provider employment contracts, Section 1557 compliance, HIPAA and state law patient/member privacy, and other niche issues impacting healthcare, health plan, and life sciences entities. She provides advice on matters involving all types of discrimination and retaliation, the Family and Medical Leave Act, the American with Disabilities Act, workers’ compensation retaliation claims, noncompete and nonsolicitation, unfair competition claims, breach of contract claims, and whistleblower retaliation claims. Jody also advises regarding employment policy development and revisions and routinely conducts workplace investigations.

Show Less
Last Updated: July 27, 2025
4 minute engagement
ADA 35th Anniversary

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.
Filed under
  • Employment Law
  • Share on

Get the HRMorning Newsletter

With HRMorning arriving in your inbox, you will never miss critical stories on labor laws, benefits, retention and onboarding strategies.

  • This field is for validation purposes and should be left unchanged.
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form

Free Training & Resources

Webinars

Unconscious Bias in Recruitment

White Papers

Employee Discount Program Buyer’s Guide

Provided by Perkspot

Webinars

Implementing a Hybrid Work Strategy that Makes Sense for Your Business

White Papers

7 Common Employer HR Mistakes

Provided by Asure

SPONSORED CONTENT

HR Technology

sponsored content
The Best AI Software for HR Automation

Courtesy of G-P

Talent Management

sponsored content
Powerful Employee Retention Strategies for 2025: How to Keep Your Best People

Courtesy of PEOPLEGURU

Benefits

Health Care

Wellness

sponsored content
Proven Results: 5 Ways Teladoc Health Chronic Condition Management Transforms HR Outcomes

Courtesy of TELADOC HEALTH

Further Reading

  • Employment Law
Accommodation Rescinded: Employer Pays $65K to End Lawsuit

After a national company rescinded an Ohio employee’s religious accommodation, the Equal Employment Opportunity Commission (EEOC) stepped...

  • Employment Law
  • Payroll
New Back Wages Settlement: San Diego Deli to Pay $500K

A San Diego deli will pay more than $500,000 in back wages after a federal investigation found it paid workers a flat daily rate that fell ...

  • Employment Law
Wrongful termination: Examples and cases

When employers have to make the difficult decision to fire employees, they need to make sure that they do not act in an unlawful manner ...

  • Employment Law
White Employee: Woke Training Created a Hostile Work Environment

In one of the latest woke training lawsuits, a Colorado employee claimed his employer’s mandatory DEI training created a hostile work env...

  • Employment Law
DOL Opinion Letter FLSA2026-10 Addresses Phone Calls During Commutes

Field-based roles raise unique FLSA compliance questions, including whether an employer must pay for work tasks performed before or during ...

  • Employment Law
He didn’t record his OT: Does he get paid for it?

You might think you know all the ins and outs of when time worked by employees — including OT — must be paid. After all, it sou...

Get the latest from HRMorning in your inbox PLUS immediately access 10 FREE HR guides.

I WANT MY FREE GUIDES
HR Morning Logo
  • Facebook
  • Linked In
  • ABOUT HRMORNING
  • ADVERTISE WITH US
  • WRITE FOR US
  • CONTACT
  • Employment Law
  • Benefits
  • Recruiting
  • Talent Management
  • Performance Management
  • HR Technology
  • Leadership & Strategy
  • Compensation
  • Policy & Procedures
  • Wellness
  • Staff Departure
  • HR Career & Self-Care
  • Health Care
  • Retirement Plans
  • DEI

HRMorning, part of the Rover Insights Network, provides the latest HR and employment law news for HR professionals in the trenches of small-to-medium-sized businesses. Rather than simply regurgitating the day's headlines, HRMorning delivers actionable insights, helping HR execs understand what HR trends mean to their business.

Powered By Rover Insights
Privacy Policy | Terms of Service
Copyright© 2026 Rover Insights
HRMorning Logo

WELCOME BACK!

Enter your username and password below to log in

Forget Your Username or Password?

Reset Password

Lost your password? Please enter your username or email address. You will receive a link to create a new password via email.

Log In

Why do we need your credit card for a free trial?

We ask for your credit card to allow your subscription to continue should you decide to keep your membership beyond the free trial period.  This prevents any interruption of content access.

Your card will not be charged at any point during your 21 day free trial
and you may cancel at any time during your free trial.

During your free trial, you can cancel at any time with a single click on your “Account” page.  It’s that easy.