EEOC Explains ADA Interference

November 07, 2016

The Americans with Disabilities Act (ADA) makes it unlawful to "coerce, intimidate, threaten or interfere" with an individual who attempts to exercise ADA rights or one who assists or encourages others to do so. The Equal Employment Opportunity Commission (EEOC) has issued guidance explaining the circumstances that may lead to a claim of ADA interference. In its guidance, the EEOC notes that a distinguishing feature of an ADA interference claim is that an individual pursuing relief need not be a qualified person with a disability. Examples of ADA interference provided in the guidance include requiring an unlawful pre-employment medical examination (regardless of whether the person is offered the job or is disabled); having a policy that limits an employee’s ADA rights (such as a fixed leave policy providing for no exceptions); or engaging in practices that would discourage applicants or employees from pursuing accommodations or positions that would require accommodations.