Publications: ADA Employment and Intersections with Other Laws

Americans with Disabilities Act & Collective Bargaining Issues (NIDRR/DOE) 4 pgs. 1997  This short document gives a general overview of the ADA and how it interacts with unions and collective bargaining agreements.

ADA and Occupational Safety and Health Issues (OSHA letters)

Enforcement Guidance on Equal Employment Opportunity Commission & Walters v. Metropolitan Educational Enterprises, Inc., 117 S.Ct. 660   (1997). Enforcement guidance analyzes the Metropolitan decision and provides guidance on how to count employees when determining whether an employer is covered by the ADA, Title VII, and the Age Discrimination Enforcement Agency (ADEA).  In Walters v. Metropolitan Educational Enterprises, Inc.,  (1997), the Court adopted the EEOC's position that employees should be counted whether or not they are actually performing work for or being paid by the employer on any particular day. 

Enforcement Guidance on Non-waivable Employment Rights Under EEOC Enforced Statutes (EEOC) 8 pgs. 1997.  This document explains the EEOC's position that an employer may not interfere with the protected right of employees to file a charge or participate in any manner in an investigation, hearing or proceeding under the laws enforced by EEOC. Includes extensive case history support. 

Enforcement Guidance on Remedies Available to Undocumented Workers Under Federal Employment Discrimination Laws 1999.  This guidance sets forth the EEOC's position on remedies available to unauthorized workers in charges filed under federal employment discrimination statutes. 

Enforcement Guidance: Application of EEO Laws to Contingent Workers Placed by Temporary Employment Agencies and Other Staffing Firms  (12/8/97) This guidance addresses the application of the civil rights laws the EEOC enforces, including the American with Disabilities Act, to individuals placed in job assignments by temporary employment agencies and other staffing firms. 

Enforcement Guidance on Workers' Compensation & Americans with Disabilities Act  (EEOC) 27 pgs. 1996 This guidance sets forth the Commission's position on the interaction between Title I of the Americans with Disabilities Act of 1990 and state workers' compensation laws.

Federal Contracting for People with Disabilities: Federal Contractor Knowledge of Section 503 Requirements and Recommendations (Southwest ADA Center) 2011. This report studied the preparedness of a sample of Community Based Organizations with federal contracts to meet Section 503 compliance requirements.

Frequently Asked Questions - Section 503 - Final Rule
On August 27, 2013, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) announced a Final Rule that makes changes to the regulations implementing Section 503 of the Rehabilitation Act of 1973, as amended (Section 503)

Frequently Asked Questions - Vietnam Era Veterans Readjustment Assistance Act (VEVRAA) - Final Rule
On August 27, 2013, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) announced a Final Rule that makes changes to the regulations implementing the Vietnam Era Veterans’ Readjustment Assistance Act,

Letter to National Labor Relations Board stating the Commission's position that, under limited specified circumstances, Title I of the ADA permits an employer to give a union medical information about an applicant or employee.(11/1/96) 

Questions & Answers on the FMLA, Americans with Disabilities Act, & Title VII of the Civil Rights Act of 1964  (EEOC) 11 pgs. This fact sheet provides technical assistance on some common questions that have arisen about the Americans with Disabilities Act and Title VII of the Civil Rights Act of 1964 (Title VII) when the Family and Medical Leave Act of 1993 (FMLA) also applies.