Skip to main content

ADA 35th Anniversary: Building Access and Inclusion at Work

JW

By

Last updated July 27, 20254 min read
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

Advertisement

Beacon from HRMorning: HR department of one? Beacon reads the law. You make the call. Try Beacon free.

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 underEmployment Law
Share

Further Reading

  • Unpaid Pre-Shift Work Costs New Jersey Employer $725K

    A New Jersey drywall installer must pay $725,000 after failing to pay 48 workers overtime for pre-shift work performed while they waited for transportation to job sites. The U.S. Department of Labor’s (DOL) Wage and Hour Division found P & B Partitions Inc. violated the Fair Labor Standards Act’s overtime rules. The company also refused […]

  • Connecticut Joins States Regulating Workplace AI: 7 Compliance Steps

    Connecticut is putting employers on notice over workplace AI. Effective Oct. 1, 2026, SB 5 clarifies that Connecticut employers facing a discrimination claim can’t blame the artificial intelligence (AI) tools they use to make hiring, promotion, discipline or termination decisions. Other changes that kicked in the same day: And there’s more coming. The law’s second […]

  • Pa. Court Sets 3-Year Deadline for Minimum Wage Act Claims

    Pennsylvania employers face a three-year window for employees to sue over unpaid minimum wages or overtime under state law, rather than the six years a trial court previously allowed. The ruling came in a case involving 20 pharmacy employees seeking overtime for work done from 2017 to 2019. The employers argued the claims were filed […]

  • Hidden Payroll Rounding Risk: Unpaid Pre-Shift Time Under Scrutiny

    Required pre-shift tasks – and whether employees are paid for them – are at the center of a former hospital nurse’s wage dispute. Chestnut Hill Hospital required nurses to change into surgical scrubs by 7 a.m. for a morning huddle. Pamela McBride sued under the Fair Labor Standards Act, alleging the hospital didn’t pay her […]