ADA: Know Your Rights

Returning Service Members

with Disabilities

U.S. Department of Justice

Civil Rights Division

Disability Rights Section
 

Table of Contents

Introduction 1

Employment 3

Customer Access 7

Civic Life 13

Other Federal Laws 17

Benefit Programs 19

Publications 20 

Contact Information 22
 

You’ve been seriously injured while 

serving on active duty in the U.S. 

Military -- perhaps you’ve lost a limb, 

sustained a traumatic brain injury or 

spinal cord injury, sustained hearing 

or vision loss, or are experiencing post 

traumatic stress disorder (PTSD) -- and 

now you’re back in the States trying to 

adjust to living with your injury. This 

publication explains your rights under 

the Americans with Disabilities Act 

(ADA) and provides information on 

where to get assistance. 

Introduction 1
 

The ADA is a civil rights law that prohibits 

discrimination and guarantees that people 

with disabilities have the same opportunities 

as everyone else to participate in the mainstream of American life -- to enjoy employment 

opportunities, to purchase goods and services, 

and to participate in State and local government programs and services. Modeled after 

the Civil Rights Act of 1964, which prohibits 

discrimination on the basis of race, color, 

religion, sex, or national origin, the ADA is an 

"equal opportunity" law, not a benefit program 

entitling you to specific services or financial 

assistance because of your disability. 

The ADA uses different standards than the 

military and the Department of Veterans 

Affairs in determining disability status. The 

ADA covers people with a physical or mental 

impairment that substantially limits one or 

more major life activities such as walking, 

speaking, lifting, hearing, seeing, reading, 

eating, sleeping, concentrating, or working. 

Major life activities also include the operation of major bodily functions such as brain, 

immune system, respiratory, neurological, 

digestive, and circulatory functions. Businesses and State and local government agencies must take reasonable steps to make it 

possible for people with disabilities to be their 

employees or customers.

2
 

Obtaining Employment: 

What to Expect

The ADA prohibits discrimination against 

qualified employees or job applicants on the 

basis of their disability. It covers all employment 

practices, including the job application process, 

hiring, advancement, compensation, training, 

firing, and all other conditions of employment. 

Under the ADA, employers cannot use eligibility 

standards or qualifications that unfairly screen 

out people with disabilities and cannot make 

speculative assumptions about a person's ability 

to do a job based on myths, fears, or stereotypes 

about employees with disabilities (such as 

unfounded concerns that hiring people with 

disabilities would mean increased insurance 

costs or excessive absenteeism).

Additionally, employers must make "reasonable 

accommodations" for employees with disabilities, which means changing the work environment or job duties to eliminate barriers that keep 

an individual from being able to perform the 

essential functions of the job. Employers are 

not, however, required to make accommodations 

that would result in an "undue hardship," which 

means accommodations that would result in 

significant difficulty or expense. Also, employers 

are not required to provide accommodations 

unless an employee requests them. So, if you're 

Employment 3
 

a veteran with a hidden disability like PTSD, 

you can decide whether to reveal the disability 

and request accommodations. If you don't need 

accommodations, you don't have to disclose 

the disability. Employers with fifteen or more 

employees must comply with these provisions. 

Typical examples of reasonable 

accommodations are: 

•	 Flexible scheduling at a retail store or 

restaurant, so a sales clerk or cashier with 

PTSD can attend counseling sessions or an 

employee with a spinal cord injury who has 

a lengthy personal care routine in the mornings can start his or her workday later.

•	 For an employee who has a brain injury, 

reducing clutter and distractions, providing instructions and information in writing, 

breaking down complex assignments into 

small steps, or allowing a job coach on the 

worksite to help a new employee get settled 

into the job.

•	 Specialized equipment for a data-entry 

operator who has lost an arm, hand, or 

finger, such as a one-handed keyboard, a 

large-key keyboard, a touchpad, a trackball, 

or speech recognition software.

•	 Making sure materials and equipment are 

in easy reach for a factory worker who uses 

a wheelchair.

4
 Employment

•	 Raising an office desk on blocks for a worker 

who uses a wheelchair, and making sure 

supplies, materials, and office machines are 

at a height that is easy to reach and use and 

are in a location that is not obstructed by 

partitions, wastebaskets, or other items.

•	 Allowing more frequent work breaks 

or providing backup coverage when an 

employee who has PTSD needs to take a 

break. 

•	 Providing a stool for a sales clerk who uses 

crutches so he or she can sit when not serving customers.

•	 If the employer has an employee parking 

lot, reserving a parking space close to the 

entrance for an employee who has difficulty walking because of the loss of a leg, 

foot, or toe.

•	 Providing instructions and information in 

writing for an employee with hearing loss.

•	 Allowing an employee to bring his or her 

service animal to work.

•	 Allowing an employee with tinnitus to play 

soft background music or sounds to help 

block out the ringing in his ears. 

5
 

 

For more information about these provisions or 

how to file a complaint, see Contact Information 

on page 22 for the Equal Employment Opportunity Commission. For practical advice on workplace accommodations, see Contact Information 

for the Job Accommodation Network on page 23.



The Hon. L. Tammy Duckworth, Assistant 

Secretary for Public and Intergovernmental 

Affairs, Department of Veterans Affairs

6
 Customer Access

Purchasing Goods and Services: 

What to Expect

There are over seven million businesses in the 

United States that provide goods or services 

to the public, including grocery stores, retail 

stores, restaurants and bars, hotels and motels, 

gas stations, dry cleaners, laundromats, banks, 

law offices, medical offices, insurance agencies, 

movie theaters, art museums, gyms, amusement 

parks, and other businesses. All businesses that 

provide goods or services to the public, even 

small ones with only one or two employees, must 

comply with the ADA, including the following 

requirements:

Reasonable Modifications

Businesses must make "reasonable modifications" 

in their policies, practices, or procedures when 

necessary so that people with disabilities can be 

their customers. Businesses are not, however, 

required to make any changes that would 

fundamentally alter or change the nature of the 

business or its services. Additional information 

about the rules for "reasonable modifications" can 

be found at www.ada.gov/reachingout/lesson11.

htm or by calling the ADA Information Line. See 

Contact Information on page 23. 

Typical examples of reasonable modifications 

are:

•	 Modifying a no-pets policy to allow someone with PTSD to bring in a service animal 

7
 

that has been trained to calm the person 

when he or she has an anxiety attack.

•	 Modifying a membership policy at a health 

club to allow a person who uses a wheelchair to bring an aide to provide assistance 

in getting on and off exercise equipment, 

in and out of a swimming pool, or to assist 

with showering and dressing in the locker 

room, at no additional charge to the club 

member.

•	 Instructing staff that if a customer who has 

lost the use of his or her arms asks them to 

reach into a shirt or jacket pocket to retrieve 

the wallet or credit card needed to pay the 

bill, they should honor the request. 

•	 Modifying procedures at a bank so customers who have difficulty standing for a long 

time can sit down without losing their place 

in line.

•	 Providing refueling assistance at the selfserve price for a customer with a disability 

who cannot pump his or her own gas.

An example of a fundamental alteration or 

change is: 

•	 At a gas station with only one employee 

whose primary job is to protect the cash 

box or activate the gas pumps remotely, 

it would be a fundamental change for the 

employee to leave his or her post unattended in order to pump gas for a customer 

with a disability.

8
 Customer Access

Effective Communication

Businesses must communicate effectively with 

customers who have vision, hearing, or speech 

disabilities. The 

businesses, not 

the customers, 

are responsible 

for providing 

the tools or 

services that 

are needed 

for "effective 

communication." Businesses are 

not, however, 

required 

to provide 

any tools or services that would be an "undue 

burden," which means significant difficulty 

or expense. The type of tool or service needed 

depends on the nature of the communication 

as well as the particular customer's disability. 

Additional information about the rules for "effective communication" can be found at www.ada.

gov/reachingout/lesson21.htm or by calling the 

ADA Information Line. See Contact Information 

on page 23.

Examples of effective communication are:

•	 At a restaurant, the waiter can read the 

menu to a person with vision loss.

9
 

•	 At a grocery store, a staff person can assist 

a person with vision loss by locating and 

retrieving items from the shelves or reading price and content information to him or 

her.

•	 At an apartment rental office, the agent 

can provide a large print copy of a rental 

contract for a person who has vision loss 

or an audiotaped or electronic copy for a 

person who is blind. 

•	 At a retail store, the sales person can write 

notes to answer simple questions from a 

customer who is deaf or has hearing loss.

•	 At a movie theater, staff can provide an 

assistive listening device for someone who 

has hearing loss.

•	 A pizza delivery service must accept calls 

through the telephone relay service from 

a customer who uses a TTY because of a 

speech disability.

New Construction and Alterations

Businesses whose facilities were built or altered 

since the ADA went into effect must comply with 

the ADA Standards for Accessible Design so that 

the facility is accessible to and usable by people 

who have mobility disabilities as well as people 

who have sensory disabilities and people who 

have limited dexterity or grasping ability.

10
 Customer Access

Barrier Removal

In addition, businesses have a continuing obligation to remove architectural barriers when it is 

“readily achievable” to do so. For example, if 

inaccessible features in an older facility can be 

corrected easily and inexpensively, they must 

be corrected. If there are several inaccessible 

features and it is not easy and inexpensive to 

correct them all at once, they should be corrected 

over time. 

When an inaccessible feature cannot 

be corrected, if there 

is another easy and 

inexpensive way to 

provide service to a 

customer who cannot 

access the business, 

the business must offer 

that alternative for the 

customer. 

Additional information about the rules for 

“barrier removal” can be found at www.ada.gov/

reachingout/lesson41.htm or by calling the ADA 

Information Line. See Contact Information on 

page 23.

Inexpensive steps businesses might take to 

improve access may include:

•	 Installing a ramp over a step or two at the 

main entrance.

11
 

•	 Making a curb cut in the business’s sidewalk.

•	 Rearranging tables, chairs, vending 

machines, display racks, and other furniture to allow for easy passage throughout 

the business.

•	 Installing grab bars in a toilet stall.

•	 Lowering a bathroom’s paper towel 

dispenser.

•	 Restriping a portion of the parking lot to 

create accessible parking spaces.

•	 Installing a paper cup dispenser at an inaccessible water fountain.

Examples of alternative ways to serve a 

customer when barrier removal is not feasible 

are:

•	 At a dry cleaner’s, providing curb-side 

service for a customer dropping off or picking up clothes.

•	 At a neighborhood restaurant, providing 

home delivery or carry-out service for a 

customer who cannot enter the restaurant.



For more information about these provisions or 

how to file a complaint, see Contact Information 

on pages 23-24 for the U.S. Department of Justice.



12
 

Using State and Local Government 

Services and Activities: 

What to Expect

State and local governments offer a wide variety 

of services and activities that returning service 

members might need or wish to participate in, 

and all of these must comply with the ADA. 

Here are just a few examples of the many types 

of public services that are covered by the ADA: 

public trade schools and community colleges, 

public libraries, public hospitals, public parks 

and recreational facilities, public transit buses 

and trains, city and county offices where people 

go to renew licenses, apply for food stamps, 

pay their taxes, attend town meetings, serve 

on boards and 

commissions, or 

conduct other 

government business. 

The rules for State 

and local governments concerning 

policy modification, effective 

communication, 

and facilities built 

or altered since 

the ADA went into effect are very similar to the 

rules for businesses, as described in the previous 

Civic Life 13
 

section of this publication. However, the rules 

for government facilities that have architectural 

barriers are different than the rules for businesses. The rules for government facilities are 

outlined here.

Government offices are not required to make all 

of their facilities accessible, but are required to 

make all of their programs accessible. They can do 

this by removing barriers at an existing facility, 

by relocating the program to an accessible facility, or by providing the program in a different 

manner. Government offices are not, however, 

required to undertake steps that would result in 

an "undue burden" or that would fundamentally 

change the nature of their programs. 

Examples of making a program accessible are:

•	 A community college has two campuses, 

one is accessible while the other is not. It 

is not necessary to remove physical barriers at the inaccessible campus, if the two 

campuses offer the same courses, have the 

same hours, and serve the same geographic 

area.

•	 If the community college offers different 

courses at its two campuses, offers different programs (for example, day courses 

at one campus and evening courses at the 

other), or serves different geographic areas, 

it must undertake physical improvements 

at the inaccessible campus or move classes 

to accessible locations.

14
 

•	 If a person who uses a wheelchair volunteers to serve on a city Parks and Recreation Commission and the Commission’s 

regular meeting place is inaccessible, the 

Commission must remove barriers at the 

regular meeting place or relocate its meetings to an accessible location, such as the 

auditorium of a nearby high school.

An example of providing a program in a different manner is:

•	 A public library that cannot be made accessible can drop books in the mail and allow 

them to be returned by mail to accommodate an individual who uses a wheelchair.

An example of an "undue burden" and how it 

might be solved is:

•	 In a small municipality, the town council 

holds its public meetings in an auditorium 

on the second floor of an historic town 

building. There is no space on the accessible first floor large enough to hold the 

meetings, there is no other building where 

the meetings could be held, and the cost 

of installing an elevator is beyond the 

town's financial ability and would destroy 

the historic features of the town hall. The 

town's solution may be to install a video 

conference system in a room on the first 

floor so people with mobility disabilities 

can participate in the meetings. 

Civic Life 15
 



If a city or county employs 50 or more people, it 

is required to have an ADA coordinator. If you

encounter problems when trying to use or participate in local government services and activities, 

you should ask your city or county if it has an 

ADA coordinator and see if the coordinator can 

resolve the problem. All State agencies should 

have an ADA coordinator to resolve problems in 

accessing State government services and activities.

Contact the U.S. Department of Justice for more 

information about the ADA or how to file a 

complaint. For information about the ADA’s 

public transit provisions or how to file a transitrelated complaint, contact the U.S. Department 

of Transportation. For information about the 

ADA’s public education provisions or how to file 

an education-related complaint, contact the U.S. 

Department of Education. See Contact Information on pages 23-25. 



16
 

Other Federal Disability Rights Laws

As noted earlier, the ADA covers employment, 

access to goods and services, and State and local 

government programs, activities, and services. 

There are other Federal disability rights laws that 

cover housing, air travel, telecommunications, 

Federal programs and services, and other topics. 

For more information, see the Department of 

Justice publication called “A Guide to Disability 

Rights Laws.” You can read or download a copy 

at www.ada.gov/cguide.pdf or order a copy from 

the ADA Information Line. See Contact Information on page 23.

Other Federal Laws 17
 

Uniformed Services Employment and 

Reemployment Rights Act

The Uniformed Services Employment and 

Reemployment Rights Act (USERRA) prohibits discrimination against employees or job 

applicants on the basis of their military status 

or military obligations. It also protects the reemployment rights of people who leave civilian jobs 

to serve in the uniformed services. It applies to 

all veterans, not just those with service-connected 

disabilities. Under USERRA, employers must 

make "reasonable efforts" to help returning 

employees become qualified for reemployment 

in the positions they would have attained if they 

had not left for military duty, or comparable 

positions. This includes providing training or 

retraining, at no cost to the veteran. For more 

information about this law or to file a complaint, 

see Contact Information on page 25 for the U. S. 

Department of Labor. 

Gen. Hal Hornburg, USAF (Ret), with two service 

members 

18
 

A Word about Benefit Programs

You have probably already received information 

from your service branch or the Department 

of Veterans Affairs about programs designed 

to assist returning service members. But you 

may not know that there are many other benefit 

programs for people with disabilities, whether 

you've served in the military or not.

All over the United States there are organizations 

called Independent Living Centers that provide 

information about benefit programs and other 

services for people with disabilities. You can 

find out how to contact the center nearest you by 

calling the ADA Information Line or by calling 

your regional DBTAC - ADA Center. See Contact 

Information on pages 23 and 25.

State Vocational Rehabilitation agencies also offer 

services to help people with disabilities enter 

or return to employment. Your State's contact 

information is available at www.rehabnetwork.

org/directors_contact.htm or from the ADA 

Information Line.

Benefit Programs 19
 

Publications

The following publications can be ordered by 

telephone or viewed online. 

A Guide to Disability Rights Laws

www.ada.gov/publicat.htm#Anchor-14210

800-514-0301 (voice)

800-514-0383 (TTY)

Americans with Disabilities Act: Questions 

and Answers

www.ada.gov/q%26aeng02.htm

800-514-0301 (voice)

800-514-0383 (TTY)

The ADA: Your Employment Rights as an 

Individual With a Disability 

www.eeoc.gov/facts/ada18.html

800-669-3362 (voice)

800-800-3302 (TTY)

Veterans with Service-connected Disabilities 

in the Workplace and the Americans with 

Disabilities Act (ADA)

www.eeoc.gov/facts/veterans-disabilities.html

Accommodating Service Members and Veterans with PTSD

www.jan.wvu.edu/corner/vol03iss02.htm

800-526-7234 (voice)

877-781-9403 (TTY)

20
 

Accommodating Employees with Traumatic 

Brain Injury

www.americasheroesatwork.gov/accommodatingTBI.html

Accommodating Employees with Post-Traumatic 

Stress Disorder

www.americasheroesatwork.gov/accommodatingPTSD.html

So You Want to Go Back to School

www.ed.gov/about/offices/list/ocr/letters/backto-school-2008.html

Publications 21
 

Contact Information

All the agencies listed below provide technical 

assistance to help businesses, State and local 

governments, and individuals with disabilities 

understand the ADA. Each agency specializes in 

different ADA topics.

The Equal Employment Opportunity Commission provides information about the employment provisions of the ADA.

For questions

1-800-669-4000 (voice)

1-800-669-6820 (TTY)

For ordering publications by mail

1-800-669-3362 (voice)

1-800-800-3302 (TTY)

 

For ordering publications online

www.eeoc.gov/eeoc/publications/index.cfm

Website

www.eeoc.gov/laws/types/disability.cfm

Email address -- info@eeoc.gov

Please include your zipcode and/or city and 

state so your email will be sent to the appropriate 

office.

Mail 

Please call, or click on the website's link "Contact 

Us," to get the address for the office that serves 

your area.

22
 

The Job Accommodation Network provides 

information about accommodating employees 

with disabilities.

800-526-7234 (voice) 

800-232-9675 (voice) 

304-293-7186 (voice)

877-781-9403 (TTY)

304-293-5407 (fax)

Website

www.jan.wvu.edu

Job Accommodation Network

PO Box 6080

Morgantown, WV 26506-6080

The U.S. Department of Justice provides information about the provisions applying to businesses and State and local government agencies, 

including the ADA Standards for Accessible 

Design. Contact the ADA Information Line to 

speak to an ADA Specialist who can answer 

questions and help you understand the ADA's 

requirements. All calls are confidential. 

ADA Information Line

1-800-514-0301 (voice)

1-800-514-0383 (TTY)

24 hours a day to order publications by mail

M-W, F 9:30 a.m. - 5:30 p.m., Th 12:30 p.m. - 5:30 

p.m. (eastern time) to speak with an ADA 

Specialist. 

Contact Information 23
 

Website 

www.ada.gov

U.S. Department of Justice

Civil Rights Division

950 Pennsylvania Avenue, NW

DRS-NYA

Washington, DC 20530

The U.S. Department of Transportation provides 

information about the public transit provisions of 

the ADA.

ADA Assistance Line

888-446-4511 (voice)

TTY: use relay service

Website

www.fta.dot.gov/ada

E-mail address

FTA.ADAassistance@dot.gov

Federal Transit Administration

East Building

1200 New Jersey Ave, SE

Washington, DC 20590

24
 25

The U.S. Department of Education provides 

information about the public education provisions of the ADA. 

800-421-3481 (voice)

877-521-2172 (TTY)

Website

www.ed.gov/about/offices/list/ocr/index.html

E-mail address -- ocr@ed.gov

Mail

Please call, or click on the website's link "Office 

Contacts," to get the address for the office that 

serves your area.

The ten regional DBTAC - ADA Centers provide 

information about the ADA.

800-949-4232 (voice and TTY)

Website

www.adata.org

The U.S. Department of Labor provides information about the provisions of USERRA. 

202-693-4731 (voice)

TTY: use relay service

Website

www.dol.gov/vets/programs/userra/main.htm

Contact Information
 26

Photo of Assistant Secretary Duckworth courtesy of Department of Defense News. Other 

photos courtesy of Disability Rights Advocates 

for Technology (DRAFT), taken at a DRAFTsponsored event for wounded warriors in San 

Antonio, Texas, November 2008.

For persons with disabilities, this publication is 

available in large print, Braille, audio tape, and 

computer disk.

Reproduction of this publication is 

encouraged. 

January 2010
 Notes 27
 28 Notes