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ADA Compliance Checklists [With Sample Checklist]
The Americans with Disabilities Act applies to private employers with 15 or more employees. It bars disability-based discrimination in every part of the employment relationship, from hiring to termination. To stay compliant, employers should review their hiring practices, how they respond to accommodation requests, whether physical spaces are accessible, and whether websites and digital tools meet ADA accessibility standards.
Companies that implement ADA compliance checklists are more likely to catch issues before they lead to complaints, lawsuits, or a disengaged workforce.
Hiring Practices and Interview Conduct
An ADA compliance checklist should start at the hiring stage. The ADA prohibits employers from screening out applicants based on disability, including:
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Application forms
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Interviews
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Pre-employment testing
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Background checks
Employers should avoid asking whether an applicant has a medical condition and instead focus on whether the person can perform the job duties listed in the description. In fact, the ADA prohibits employers from asking about diagnoses, medications, past surgeries, or the nature of a disability whatsoever throughout the hiring process. Even casual comments or friendly questions about someone’s health can cross the line and create legal risk.
Under the ADA, an employer can only require a medical exam or ask follow-up medical questions after making a conditional job offer, and only if that requirement applies equally to all applicants for that role.
Reasonable Accommodations
Every ADA compliance checklist should include a review of how the company handles accommodation requests.The ADA requires covered employers to offer reasonable accommodations when a medical condition limits an employee’s ability to meet job expectations.
When reviewing an accommodation request, employers should:
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Start by identifying the job’s primary duties
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Speak directly with the employee about what adjustments might help
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Focus on changes that support the employee’s ability to do the work
Examples of some of the most frequently requested accommodations include:
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Shifting start times or adjusting work hours
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Reassigning tasks that aren’t part of the core role
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Providing adaptive equipment or accessible software
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Changing how a task is completed, without changing the outcome
An employer can deny an accommodation request if it would create significant cost or disrupt operations beyond what the company can manage. However, that decision should be based on documented facts, and not assumptions about potential inconvenience or risks associated with granting the request.
When Can Employers Request Medical Documentation?
When the reason for the request isn’t obvious, the ADA allows the employer can ask the employee to provide documentation from a healthcare provider. The documentation should describe how the condition affects the employee’s ability to meet the job’s requirements, and should not include diagnoses, treatment history, or personal health details that are not clearly relevant to the request.
Keep a Clear Record of the Process
Employers should keep a clear record of the accommodation request, any discussions with the employee, and the final decision. Written documentation helps show that the company followed ADA requirements if the process is ever reviewed or challenged.
ADA and FMLA: When Leave Becomes an Accommodation
The Family and Medical Leave Act (FMLA) gives eligible employees up to 12 weeks of unpaid, job-protected leave for certain medical or family reasons. That leave is commonly used for serious health conditions, but not all employees qualify, and in some cases, 12 weeks isn’t enough.
When Time Off Becomes an ADA Issue
If an employee asks for additional time off because of a medical issue, and the request falls outside FMLA, the company may still have an obligation under the ADA. In that case, the company should evaluate whether granting more time off would help the employee return and perform their job. Employers should handle these requests as they would any other accommodation by reviewing the job’s core duties, speaking with the employee about what they need, and determining whether a short period of leave would help the employee return and perform those duties.
Post-FMLA Leave May Trigger Additional Obligations
Every ADA compliance checklist should include a process for identifying when FMLA-related absences might raise ADA issues. Employees don’t need to use specific language to trigger ADA protections. If an employee finishes FMLA leave and still needs more time off or returns with ongoing restrictions, the company should treat that as a potential accommodation request and evaluate it accordingly.
Physical Access and Public-Facing Compliance Requirements
ADA compliance checklists should include a review of how easily people with disabilities can access the business’s physical spaces and services. For businesses that serve the public, the ADA requires removing physical barriers when the fix is relatively simple and can be done without major expense or interfering with day-to-day operations.
Reviewing Physical Spaces for Barriers
Physical barriers include features that prevent people with disabilities from entering, moving through, or using a space without assistance. Common examples include steps at entrances, narrow doorways, restrooms without grab bars, high service counters, and parking areas without accessible spaces or access aisles.
Employers involved in new construction or major renovations need to follow the 2010 ADA Standards for Accessible Design, which set the minimum requirements for accessible entrances, restrooms, parking areas, and customer service spaces.
If your business operates in a leased space, the checklist should include a review of the lease agreement to determine whether the tenant or landlord is responsible for making the space physically accessible.
Website, Apps, and Self-Service Technology
The ADA requires that digital content be accessible to people who use screen readers, rely on keyboard navigation, or need captions to understand audio. Employers should review all digital tools as part of their ADA compliance checklist to confirm that people with disabilities can use them without barriers.
Check Websites and Digital Tools for Accessibility Barriers
Common accessibility issues include images without alt text, forms without labels or error messages, videos without captions, low contrast between text and background, and menus or buttons that can’t be accessed without a mouse.
The most widely used standard for evaluating digital accessibility is WCAG 2.1 Level AA, which stands for Web Content Accessibility Guidelines. WCAG sets out how websites and digital content should be designed so people with disabilities can find what they need and interact with content without barriers. Level A covers the most basic accessibility requirements, Level AA addresses more functional access issues, and Level AAA includes additional enhancements but is not required for compliance. Though the ADA doesn’t name WCAG specifically, courts and federal agencies tend to use it as the baseline when reviewing digital compliance.
Don’t Overlook Kiosks and Other Self-Service Systems
Self-service systems like kiosks, touchscreen ordering stations, and online scheduling tools should also be included in the checklist. If a customer or employee can’t use the system without assistance, it likely needs to be redesigned or replaced.
Sample ADA Compliance Checklist for Employers
Use this checklist to identify potential gaps in your organization’s ADA compliance. Each item reflects a key area discussed in this post.
Hiring Practices and Interview Conduct
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☐ Job applications and interview materials do not ask about disabilities, medications, or diagnoses
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☐ All applicants are asked the same role-related questions
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☐ Medical exams or follow-up questions are only required after a conditional offer, and only if applied consistently across the role
Reasonable Accommodations
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☐ Accommodation requests are documented and reviewed individually
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☐ Conversations with employees focus on job duties and specific support needed
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☐ Decisions to deny accommodations are based on clear, documented evidence
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☐ Medical documentation is only requested when the need is not obvious
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☐ Records are kept for all requests, communications, and outcomes
ADA and FMLA Overlap
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☐ Managers know not to deny post-FMLA requests without considering ADA obligations
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☐ Extended leave, return-to-work limitations, or provider notes trigger a review under the ADA
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☐ Employees are not required to use specific language to initiate the accommodation process
Physical Accessibility
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☐ Entrances, restrooms, parking areas, and service counters are reviewed for barriers
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☐ Required upgrades follow the 2010 ADA Standards for Accessible Design
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☐ Leased spaces are reviewed for landlord/tenant responsibilities related to access
Digital Accessibility
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☐ Websites, apps, and digital tools are reviewed for usability by people with disabilities
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☐ Common issues like missing alt text, unlabeled forms, and keyboard-only navigation are addressed
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☐ Self-service tools (e.g., kiosks, online scheduling) are tested for independent use
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☐ WCAG 2.1 Level AA is used as the baseline when reviewing digital accessibility
The checklist above is a practical reference, not a substitute for a full ADA audit or legal review. Employers with complex operations or specific concerns should consult ADA.gov or seek legal guidance.
Get Help Strengthening Your ADA Compliance Program
ADA compliance isn’t a one-time project. It’s a continuing obligation that affects nearly every part of the employment relationship. Even with a solid checklist, ADA compliance can be difficult to manage. Requirements may vary depending on your operations, workforce, and physical spaces. The national labor and employment group at Conn Maciel Carey LLP works with employers to develop customized checklists that reflect their specific needs and risk areas. Our firm also helps review how accommodation requests are handled and prepares employers for potential audits or agency investigations.
To speak with an attorney about your ADA compliance checklist, contact Conn Maciel Carey LLP at (202) 715-6244.
This article is for informational purposes only and does not constitute legal advice. While we strive to ensure accuracy, laws and regulations may change, and unintended errors may occur. This content may not address every aspect of the relevant legal requirements. For guidance on your specific situation, consult your attorney.