This page lists the main duties under the Americans with Disabilities Act (ADA) and their numbers as of October 2026. See the ADA overview for the big picture.
What the law requires
| Requirement | What it means in plain words | Section |
|---|---|---|
| No discrimination (jobs) | No worse treatment of a qualified person in hiring, pay, promotion, leave or other terms. Retaliation is barred. | 42 U.S.C. 12112(a); 12203 |
| Reasonable accommodation (jobs) | A change that lets a qualified person do the job, unless it brings undue hardship: significant difficulty or expense. | 12112(b)(5); 29 CFR 1630.9 |
| Medical limits (jobs) | No disability questions or medical exams before an offer. Medical information stays in separate, confidential files. | 12112(d) |
| Equal access (public) | Equal access to goods, services and facilities, with effective communication (interpreters, captions). | 42 U.S.C. 12182 |
| Barrier removal (public) | Remove physical barriers when readily achievable: easy, without much difficulty or expense. | 28 CFR 36.304 |
| Policies and animals (public) | Reasonable policy changes, such as admitting service dogs despite a no-pets rule. Emotional-support animals are not service animals under the ADA. | ADA.gov guidance |
| New work (public) | New construction and alterations meet the 2010 Standards if the last permit application was certified complete on or after March 15, 2012. | 28 CFR 36.406 |
Key numbers and dates
| Item | Amount or date | Year in force | Source label |
|---|---|---|---|
| Title I employee threshold | 15 employees in each of 20 weeks | 2026 (statute) | 42 U.S.C. 12111(5) |
| Title III size test | None | 2026 (statute) | ADA.gov |
| EEOC deadlines | 180 days to file (300 in Illinois, employers with 15 or more employees); 90 days to sue after EEOC notice | 2026 | EEOC |
| Title I damages cap (compensatory plus punitive) | $50,000 for 15 to 100 employees, rising to $300,000 above 500 | 1991 statute, not indexed | 42 U.S.C. 1981a(b)(3) |
| DOJ penalty, Title III | Up to $118,225 first violation; $236,451 later ones | Assessed after July 3, 2025; no 2026 increase | 28 CFR 85.5 |
| Disabled Access Credit | 50% of access costs from $250 up to $10,250 ($5,000 at most); prior-year receipts of $1 million or less, or 30 or fewer full-time employees | 2026 (statute) | IRC 44; Form 8826 |
| Barrier-removal deduction | Up to $15,000 a year | 2026 (statute) | IRC 190 |
Source: 42 U.S.C. 12188(b); 28 CFR 85.5
Recent and pending changes
- April 24, 2024 (final rule; dates extended by interim final rule, April 20, 2026): DOJ's web accessibility rule covers state and local governments (Title II), not private businesses. Compliance dates are now April 26, 2027 for entities with 50,000 or more residents and April 26, 2028 for smaller ones and special districts.
Penalties and enforcement
| Route | Who acts | What can happen |
|---|---|---|
| Job charge (Title I) | EEOC or a state or local agency | The EEOC may investigate, settle or issue a right-to-sue notice. Relief can include back pay, reinstatement and capped damages. No compensatory or punitive damages if the employer shows good-faith efforts, with the person, to find an accommodation. |
| Missing poster | EEOC notice rule | Up to $698 per separate offense for a willful violation (29 CFR 1601.30, 2025 adjustment). |
| DOJ suit (Title III) | U.S. Department of Justice | Civil penalties up to the charted amounts. |
| Private suit (Title III) | A person with a disability | A court order to fix the problem; the court may award attorney fees to the prevailing party. Federal Title III gives private plaintiffs no money damages; state law may add remedies. |
Continue to the checklist and FAQs, or compare the ADEA. See also small business tax credits and payroll tax basics.
Official sources
- U.S. Department of Justice: ADA.gov, Businesses That Are Open to the Public
- U.S. EEOC: Enforcement guidance on reasonable accommodation and undue hardship
- eCFR: 28 CFR 85.5, civil monetary penalties
- ADA.gov: Guidance on web accessibility and the ADA
- IRS: Tax benefits for businesses who have employees with disabilities
This page is a plain-language summary. The official source controls if there is any difference.