Human Resource Blog

ADA for Small Business in Virginia

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Our small business in Virginia has an employee that is disabled. However, because we have fewer than 15 employees, we cannot afford to make some of the accommodations that the employee has asked for. What is required by the ADA in such a situation?

The Americans with Disabilities Act does not apply to employers that have fewer than 15 employees for any calendar year. Therefore, you are not required by the Act to make any accommodations for your employee that has a disability.

The ADA is a federal Act that applies to employers in states across the country, including employers in the state of Virginia. However, in order for an employer to be covered by the Act, the employer must have at least 15 employees that work during the calendar year.

Employees may be covered by the Act if they have a record of having a physical or mental disability. Many types of disabilities will qualify under each of these categories. For example, a physical disability could be a missing limb or a visual impairment. A mental disability could be depression or an anxiety issue.

When an employer is covered by the Act, the employer is required to make special accommodations for employees with disabilities, as long as those accommodations are considered to be reasonable. For example, if an employee is in a wheelchair, the employer may have to provide the employee with a modified work station so that the employee can comfortably reach his or her desk.

The ADA only applies to current employees of a covered employer and to job applicants to a covered employer. The Act does not cover customers or clients of an employer. Also, the Act does not prohibit employers from discriminating against employees for reasons that have nothing to do with a disability. For example, an employer is not prohibited from discriminating against an employee for reasons based on their age or race.

However, according to the ADA, employers may not discriminate against an employee for reasons that are directly related to the disability during any time that the employer makes an employment-related decision, such as a decision related to hiring, promoting, training, compensating, or terminating the employee. CB