## ADA + disability accommodation in employment in South Dakota The **Americans with Disabilities Act (ADA)** + South Dakota state law require employers to provide reasonable accommodations to qualified employees with disabilities — unless doing so creates undue hardship. ## ADA basics **Coverage:** - Employers with 15+ employees - All public employers - Employment agencies - Labor unions **${s.name} state law often broader:** - Lower employer-size threshold (sometimes 1-15 employees) - Stronger remedies - Different procedures - Additional protections ## Who is "disabled" under ADA **Three definitions (must meet ONE):** **1. Physical or mental impairment** that substantially limits one or more major life activities **2. Record of such impairment** **3. Regarded as having such impairment** **ADA Amendments Act (ADAAA, 2008):** - Broadened definition - Major life activities include working, breathing, walking, etc. - Major bodily functions covered (immune system, respiratory, etc.) - Mitigating measures don't count (except glasses) - Episodic conditions covered - Easier to qualify ## Common ADA-qualifying conditions **Physical:** - Cancer - HIV / AIDS - Diabetes - Heart disease - Epilepsy - Cerebral palsy - Multiple sclerosis - Hearing / vision impairments - Mobility impairments - Lupus - Crohn's / IBD - Chronic fatigue / fibromyalgia - Long COVID (post-2020) **Mental:** - Major depression - Bipolar disorder - Anxiety disorders - PTSD - OCD - Schizophrenia - ADHD (sometimes) - Autism spectrum disorders - Learning disabilities ## What ADA requires **Reasonable accommodation:** - Modifications to job, workplace, or process - Enable performance of essential functions - Equal opportunity - Equal access to benefits **Common accommodations:** **Physical workplace:** - Wheelchair access - Accessible workstations - Ergonomic equipment - Lighting modifications - Accessible bathrooms / break areas - Parking modifications - Service animal access **Schedule:** - Modified work hours - Flexible schedule - Remote work / telework - Periodic breaks - Time off for medical appointments - Reduced hours (sometimes) **Work assignment:** - Job restructuring - Reassignment to vacant position - Modified duties - Job sharing **Equipment:** - Assistive technology - Screen readers - Voice recognition software - Modified equipment - Specialized chairs - Adjustable monitors **Communication:** - Interpreters - Written materials - Captioning - Speech-recognition tools - Modified communication style **Other:** - Dress code modifications - Service / emotional support animals - Modified policies - Coaching / mentoring ## Interactive process **Required by ADA:** - Employer must engage in good-faith dialogue - Discuss limitations + accommodations - Identify reasonable solutions - Implement timely - Document discussions **Initiated by:** - Employee request (typical) - Obvious need (sometimes employer-initiated) **Continuing:** - As conditions change - As accommodations need adjustment - Throughout employment **Failure to engage in good-faith interactive process** = often violation. ## Undue hardship **Employer can deny if:** - Significant difficulty / expense - Considering nature + cost - Considering employer's resources - Considering operational impact **Specific factors:** - Cost of accommodation - Employer's overall financial resources - Operating costs of facility - Number of employees - Effect on operations - Type of operation (specific industry) **High bar for employers:** - Cost alone rarely enough - Many accommodations cost little - Tax credits available - ADA tax incentives ## Direct threat **Employer can refuse if:** - Significant risk of substantial harm - To self or others - Cannot be eliminated by accommodation - Specific factors: - Duration - Probability - Severity - Imminence **High bar:** - Must be objective - Based on individual assessment - Cannot rely on stereotypes - Cannot be paternalistic - Specific medical evidence ## Common employer mistakes **1. Refusing to engage in interactive process:** - Just denying request - Not exploring alternatives - Quick "no" **2. Demanding excessive medical documentation:** - Limited to job-related - Specific limitations - Not full medical record - Documentation focused **3. Treating accommodation as insurmountable:** - Focus on cost without exploration - Hypothetical hardship - Not exploring alternatives **4. Confidentiality breaches:** - Sharing diagnosis with coworkers - Discussing in unauthorized contexts - Strict ADA confidentiality requirements **5. Retaliation:** - Punishing employee for requesting - Discouraging requests - Negative actions after **6. Failure to consider reassignment:** - Vacant position alternative - ADA requires consideration - Job restructuring ## Discrimination claims **Different forms:** **Disparate treatment:** - Different treatment because of disability - Adverse employment actions - Need for protected status awareness **Failure to accommodate:** - Specific accommodation request denied - Reasonable accommodation feasible - No undue hardship **Disparate impact:** - Neutral policy disproportionately impacts disabled - Job-related + business necessity defense **Hostile work environment:** - Disability-based harassment - Severe + pervasive - Based on protected status **Retaliation:** - For requesting accommodation - For filing claims - For participating in investigations ## Pre-employment + medical exams **ADA limits:** - Cannot ask about disabilities pre-offer - Cannot require medical exams pre-offer - Can require medical exams post-offer if uniformly applied - Medical info must be confidential - Limited disclosure - Specific procedures ## Damages **ADA + Title VII (similar damages):** - Backpay - Reinstatement - Compensatory damages (emotional distress) - Punitive damages (private employers, with caps) - Attorney's fees + costs **Caps based on employer size:** - 15-100 employees: $50K - 101-200: $100K - 201-500: $200K - 501+: $300K **State law often higher:** - ${s.name} may have higher caps - Or no caps - More remedies available ## Filing process **Federal (ADA):** - File EEOC charge within 180/300 days - Right-to-sue letter - 90 days to file lawsuit **${s.name} state:** - File with state agency - Specific deadlines - Coordinated with EEOC sometimes ## Recent developments **Notable cases:** - Bostock v. Clayton County (2020) — Title VII expanded to LGBT - Long COVID guidance (multiple) - Increasing focus on mental health - Remote work as accommodation (post-COVID) - Service animal expanded recognition **EEOC enforcement priorities:** - Mental health accommodations - Pregnancy + disability intersections - Long COVID - Telework as accommodation - Background check disability discrimination ## Practical tips for employees **When requesting accommodation:** - In writing (email) - Specific limitations identified - Specific accommodations suggested - Reasonable + specific request - Medical documentation if requested - Engage with employer dialogue - Document interactions - Save all communications **If denied:** - Push back specifically - Suggest alternatives - Request undue hardship explanation - Continue dialogue - Consult attorney if no resolution - File EEOC promptly ## What you should do If you face disability discrimination in South Dakota: document everything, request accommodations in writing, file EEOC charge if denied. Many South Dakota employment attorneys offer free consultations + work on contingency. South Dakota state law may provide additional protections. Don't quit — preserve case as much as possible. --- *This guide is general information about federal + South Dakota law as of mid-2026 and is not legal advice. ADA cases are technical. Talk to a licensed South Dakota employment attorney about your specific situation.*