Know the legal basics
The ADA prohibits discrimination against qualified people with disabilities and requires reasonable accommodations unless they cause undue hardship. Many state laws apply to smaller employers.
Title I of the ADA covers employers with 15 or more employees. Many state and local laws cover smaller employers, so do not assume you are exempt. A qualified individual is someone who can perform the essential functions of the job with or without reasonable accommodation.
Key principles:
- Employers cannot discriminate in hiring, pay, promotion or firing because of disability.
- You may ask whether a person can perform the essential duties, but generally cannot ask about the existence or severity of a disability before making an offer.
- Medical information must be kept confidential.
The U.S. Equal Employment Opportunity Commission (EEOC) and the Job Accommodation Network (askjan.org) publish free guidance. Ask an employment attorney about your situation.
Define essential job functions
List the tasks that are truly essential to the role and separate them from tasks that are marginal. This keeps you from screening out people based on habits rather than needs.
Many job descriptions include requirements that are not really necessary, such as "must lift 50 pounds" for a mostly desk job, or "must have a driver's license" when travel is rare and alternatives exist.
For each position, ask:
- Does the job exist to perform this task?
- How much time is spent on it?
- Could it be reassigned, restructured or done a different way?
Write the final list into the job description. If a physical or mental demand is essential, say so clearly and explain why. Review it with the manager who knows the work best.
Make job posts and applications accessible
Use plain language, accessible formats and a welcoming statement. Offer a way to request help with the application.
Practical steps:
- Write in plain language and avoid unnecessary jargon.
- Keep the posting and application readable by screen readers: use real text, headings and alt text instead of images of text.
- Offer alternatives to online forms, such as a phone or email option.
- Include a line such as: "We provide reasonable accommodations in the hiring process. Contact us to request one."
- Post jobs where disability employment services, community colleges and vocational rehabilitation agencies can see them.
Our website guide and your careers page should follow accessibility basics. Avoid wording that implies a person must be able-bodied unless it is an essential requirement.
Source candidates through the right partners
State vocational rehabilitation agencies, disability employment programs and local nonprofits can connect you with qualified candidates, and sometimes provide training support.
Every state has a vocational rehabilitation agency that helps people with disabilities find work, and many work directly with employers at no charge. Community colleges, veterans' programs and nonprofit employment services also help.
Ask what support is available: pre-screened candidates, job coaching, on-the-job training assistance or help with workplace modifications. Some employers qualify for tax incentives for hiring or for making workplaces accessible. Rules and amounts change, so ask your accountant and check IRS.gov. Our guide to important small business tax credits is a starting point.
Run fair, structured interviews
Ask every candidate the same job-related questions. Never ask whether someone has a disability, medications or medical history before an offer.
Make the interview itself accessible. Confirm the location is physically accessible, offer video or phone options, and be willing to adjust format or timing on request. Share questions in advance if it helps.
Appropriate questions focus on the work: "This job requires entering data for several hours. How would you perform that?" Inappropriate questions: "Do you have a health condition?" or "Why do you use a wheelchair?"
If a candidate volunteers information about a disability or asks for an accommodation, respond with what is needed, then return to qualifications. Train everyone who interviews. See how to find the right employee for structured interview steps and diversity in the workplace for wider context.
Provide reasonable accommodations
A reasonable accommodation is a change that lets a qualified person do the job, such as modified equipment, schedules or workspace. Most cost little or nothing.
Examples include screen-reading software, an adjustable desk, a flexible schedule, written instructions, remote work, extra breaks or reassigning a marginal task. Talk with the employee, ask what would help and consider options together. This is called the interactive process.
Document requests and decisions. You may ask for medical documentation when a disability or need is not obvious, but keep it confidential. You do not have to provide an accommodation that causes undue hardship, which depends on cost relative to your resources and other factors.
The Job Accommodation Network offers free consultations on specific situations.
Budget for workplace access
Accessibility improvements are usually modest and often tax-advantaged. Plan for equipment and modifications in your hiring budget.
Add a line for accommodations in your hiring plan, such as software licenses, ergonomic equipment or minor physical changes. Illustrative example: $1,500 of equipment for a role that adds $4,000 per month of billable work pays back in weeks.
If you need to modify space or buy equipment, equipment financing or working capital may help. ROI Funder considers 500+ FICO, 6+ months in business and $20,000+ monthly revenue. For the full process after you identify a candidate, read how to hire employees and the small business hiring guide.
Frequently asked questions
Does the ADA apply to my small business?
Title I covers employers with 15 or more employees. Many state and local laws cover smaller employers, so check with your state agency or an attorney.
Can I ask a candidate if they have a disability?
Generally not before a job offer. You can ask whether they can perform the essential functions with or without reasonable accommodation.
What is a reasonable accommodation?
A change to the job, workplace or process that lets a qualified person perform essential duties, unless it causes undue hardship.
Where can I get free guidance?
The EEOC and the Job Accommodation Network (askjan.org) both provide free information, and state vocational rehabilitation agencies can help with sourcing.
