• Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Kate the (Almost) Great

Chronic illness blog

  • Home
  • Start Here
    • About
    • As Seen On
    • Tags & Topics
    • Popular Posts
  • Blogging Resources
  • Freebie
  • Shop the Blog
    • Products for the Chronically Ill
  • Work with Me
    • Ads and Sponsoring
  • Follow
  • Holiday
    • Gift Guides

in Health · February 12, 2019

About the Americans with Disabilities Act

Last month, someone found my blog by searching something like “is chronic illness covered by the ADA” and I immediately put this post on my editorial calendar. As a disabled person with multiple chronic illnesses who is public about all of this, I know my rights and what’s covered by the ADA, aka the Americans with Disabilities Act of 1990. This is the law that protects disabled people from discrimination. So let’s get into what the protections are, who’s protected, how you’re protected, and more.

Disclaimer: I’m not a political specialist, lawyer, or a medical specialist. I’m a disabled person who has done research on the ADA.

Chronic illness patient and lifestyle blogger Kate the (Almost) Great breaks down the Americans with Disabilities Act of 1990, including the protections it provides and the way businesses are punished.

About the Americans with Disabilities Act of 1990

What is the ADA? According to the ADA National Network, “The ADA is a civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the general public” (x). The bill and its protections are broken into 5 categories: employment, state and local government, public accommodations, telecommunications, and miscellaneous (x).

Some history of the ADA: The Americans with Disabilities Act became law in 1990, and the Americans with Disabilities Act Amendments Act became law in 2009 (x). This second act altered the definition of “disability” (x). People with disabilities fought hard for the ADA; “people with disabilities sat in federal buildings, obstructed the movement of inaccessible buses, and marched through the streets to protest injustice” (x). It took a long time to make the ADA law; the first step was legally identifying discrimination against disabled people as discrimination, which happened in 1973 with Section 504 of the 1973 Rehabilitation Act (x).

Who does the ADA protect? Anyone with a disability! It also covers people with mental illness. “The term mental illness is typically used in a medical context to refer to a wide range of conditions related to emotional and mental health. The term psychiatric disability is typically used in a legal or policy context to refer to impairments covered under the ADA” (x). Here’s something that you need to know, though: even if you don’t consider yourself disabled, if you have a condition, you’re protected. More specifically, “Under the ADA, you have a disability if you have a physical or mental impairment that substantially limits a major life activity. The ADA also protects you if you have a history of such a disability, or if an employer believes that you have such a disability, even if you don’t” (x). The part of that phrase that really gets me is “even if you don’t“. If your employer thinks you have a disability and discriminates, you are protected.

Is chronic illness a disability?

ADA, Americans with Disabilities Act, Americans with Disabilities Act protections, disability, disabilities, chronic illness, chronic pain

The Americans with Disabilities Act Protections

What are the protections? There are a couple of ways that you’re protected. One, when you’re applying for jobs, it’s illegal to ask if you’re disabled. I had no idea about this and was asked ALL the time when I was applying to jobs last year. “If you are applying for a job, an employer cannot ask you if you are disabled or ask about the nature or severity of your disability. An employer can ask if you can perform the duties of the job with or without reasonable accommodation. An employer can also ask you to describe or to demonstrate how, with or without reasonable accommodation, you will perform the duties of the job” (x – emphasis mine). Additionally, they can’t ask you to take a medical exam before you start the job (x). Two, once you’ve been hired, your employer can’t ask you to take a medical exam unless it’s related to your job and necessary for the job (x).

Three, “An employer cannot make up the cost of providing a reasonable accommodation by lowering your salary or paying you less than other employees in similar positions” (x). Now, if providing the accommodation would be an “undue hardship,” the employer can give the employee the option of paying for the accommodation themselves (x). Four, if you’re not disabled but someone related to you is, you’re protected to a certain extent. More specifically, “The ADA makes it unlawful to discriminate against an individual, whether disabled or not, because of a relationship or association with an individual with a known disability” (x). So if your child is disabled and your prospective employer doesn’t want to hire you because you would have a disabled child on your health insurance, you’re protected by the ADA (x). Five, companies need to have their facilities be accessible. So if you have a physical disability, “An employer may be required to modify facilities to enable an individual to perform essential job functions and to have equal opportunity to participate in other employment-related activities” (x). AKA, if you use a wheelchair, your employer should make sure that your place of work is accessible.

What are the consequences for not complying? There are 2 main ways that you might pay the consequences of not complying with the ADA: a civil lawsuit or a DOJ fine. For the DOJ, “the maximum civil penalty for a first violation under title III from $55,000 to $75,000; for a subsequent violation the new maximum is $150,000” (x).

How are individuals or companies held accountable? Unfortunately, there’s no accessibility police that goes around and looks for people who aren’t complying with the ADA. Instead, if you think that you’ve been discriminated against, contact the US Equal Employment Opportunity Commission. The tricky thing is that you have to file a charge of discrimination within 180 days of the alleged discrimination (x). So if something happened when you first started at a company but you wait until you leave the company years later to do something about it, the EEOC can’t necessarily do anything about it. On the other hand, “You may have up to 300 days to file a charge if there is a State or local law that provides relief for discrimination on the basis of disability” (x).

What do you get if you were discriminated against? Basically, you’re entitled to the position you would have had if you hadn’t been discriminated against. Additionally, “You may be entitled to hiring, promotion, reinstatement, back pay, or reasonable accommodation, including reassignment. You may also be entitled to attorneys fees” (x).

Like this post? Check out:

How To Become an Advocate for Patients, Caring for Rheumatoid Arthritis Patients, How Is Chronic Pain Different from Acute Pain, Answering Questions about Being Chronically Ill

Kate Mitchell

Kate Mitchell is a blogger, chronic illness patient, and advocate who helps people understand chronic illness and helps chronic illness patients live their best lives.

Share this with your family and friends:

  • Click to share on X (Opens in new window) X
  • Click to share on Facebook (Opens in new window) Facebook
  • Click to share on Pinterest (Opens in new window) Pinterest
  • Click to email a link to a friend (Opens in new window) Email
  • Click to share on LinkedIn (Opens in new window) LinkedIn
  • Click to print (Opens in new window) Print
  • Click to share on Tumblr (Opens in new window) Tumblr

Related

Previous Post: « My Evening Routine
Next Post: Most Popular Books of the 21st Century »

Reader Interactions

Trackbacks

  1. What Is Self-Advocacy? An Answer + Strategies | Health Lifestyle Blog says:
    January 14, 2024 at 8:48 am

    […] About the Americans with Disabilities Act […]

    Loading...
    Reply
  2. 120 Resources for Living with Chronic Illness says:
    June 27, 2024 at 4:12 pm

    […] About the Americans with Disabilities Act […]

    Loading...
    Reply

Leave a ReplyCancel reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Primary Sidebar

Kate the (Almost) Great® is a chronic illness lifestyle blog. It is a resource for chronic illness patients and their loved ones.

  • Bluesky
  • Email
  • Facebook
  • Instagram
  • Pinterest
  • Twitter

Categories

Health
Lifestyle
Writing & Blogging

Pages To Start With

  • About Kate the (Almost) Great®: Meet the Health Blogger
  • As Seen On
  • Follow
  • Health Blog Resources I Actually Use + Recommend
  • Newsletter
  • Popular Posts
  • Privacy Policy & Disclaimer Policy
  • Products for the Chronically Ill: My Recommendations
  • Shop
  • Start Here
  • Tags & Topics
  • Work with Me

Search

As an Amazon Associate I earn from qualifying purchases.

This blog uses affiliate links. Thank you for supporting Kate the (Almost) Great!

Sign Up for the Newsletter

Please wait...

Thank you for sign up!


Bluehost.com Web Hosting $3.95

Health Union Patient Leader Certification

Support KTAG

If you like what I do, please support me on Ko-fi.




Footer

Sign Up for FREE Instagram Challenge

Get 25 FREE Instagram prompts for chronic health creators!

You can unsubscribe anytime. For more details, review our Privacy Policy.

Thank you!

You have successfully joined our subscriber list.

Get your FREE Instagram challenge here 

and 

For just $5 get your copy of my ebook Take Your Blog (And Income!) to the Next Level with code "greatest".

.

Kate the (Almost) Great

Chronic health lifestyle blog

Lets Go!
  • Facebook
  • Instagram
  • Pinterest
  • Twitter
Having decades-long health problems sometimes mean Having decades-long health problems sometimes means coming across something in your health history that you completely forgot about⁣
⁣
◾ ⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣
⁣
I’m Kate, a chronic illness patient and advocate. Follow me for more content for chronic illness patients and their loved ones!⁣
⁣
⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣◾ ⁣
⁣
⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣ID: Screenshot of a thread post written by Kate Mitchell | Kate the (Almost) Great with the username katethealmostgreat. ⁣⁣The background is dark teal. All text is what’s above the first black square.⁣⁣⁣
⁣
#AlmostGreatHealth #rheumatoidarthritis #arthritis #spoonielife #healthblogger #autoimmune #autoimmunedisease #chronicallyill #healthblog #dysautonomia #fibro #fibromyalgia #endo #chronicallyill #disability #disabled #invisibleillness #spoonielife #healthblogger
Here are some ways I practice self care, aka talki Here are some ways I practice self care, aka talking care of myself AND who I am as a person separate from illness⁣
⁣
This is my Wonderful Things jar. Every day, I write down something wonderful or good that happened that day. ⁣
⁣
I know it looks like I'm forcing Harley to sit like this, but he was making this face before I put my arm around him. Dog snuggle time is the best!⁣
⁣
I got a Kindle this year and it has been amazing. It's so much easier on my body than lugging around books and it makes borrowing from the library a lot easier.⁣
⁣
Yes, I share this all the time, but filling my pill boxes every 3 weeks make it so I stick with all of my medications. But the self-care part of this is that I don't have to take the time to refill a box every single week.⁣
⁣
◾⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣
⁣
I’m Kate, a chronic illness patient and advocate sharing what my life is like with 7+ chronic illnesses. Follow me for more and check out my blog at katethealmostgreat.com⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣
⁣
◾⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣
⁣
IDs: ⁣
1️⃣ A glass jar on a desk with a lot of multi-color post-its inside⁣
2️⃣ Kate has her face in a golden retriever who is slumped onto her. They're in a teal room with a red rug. Kate is a brunette white woman wearing red pants and a gray sweater.⁣
3️⃣ A Kindle on dark mode in Kate's lap⁣
4️⃣ 3 open pill cases on a yellow bedspread ⁣
⁣
#AlmostGreatHealth #AlmostGreatLife #SelfCare #ChronicallyIll #ChronicallyAwesome #SpoonieLife #Spoonie #ChronicLife #ButYouDontLookSick #InvisibleIllness #MentalHealthMatters #RetrieversOfInstagram #Readers #Kindle #WonderfulThings #GratitudePractice
What I Bring To the Doctor _______ Video: a pa What I Bring To the Doctor 

_______ 

Video: a pan of an exam room. White text reads “What I Bring To the Doctor ” and the “1. Planner/notebook
2. List of current medications 
3. Notes on my biggest concerns and questions 
4. My kindle for wait time” 
The intro to Maroon 5’s Priceless plays. 

#AlmostGreatHealth #ChronicIllness #ChronicPain #RheumatoidArthritis #SjogrensSyndrome #Fibromyalgia #Endometriosis
💃🏼 Week 17 of #2025Weekly 💃🏼⁣
⁣
1️⃣ She’s married!! ⁣
2️⃣ She married the best person in the world for her!!!!!⁣
3️⃣ I got dressed up! ⁣
4️⃣ The reality of doing fun things with chronic illness and pain is that then you have to recover from the fun things. It took … a while. One million percent worth it, but this is why I don’t do big events on a regular basis. ⁣
5️⃣ And then I had to be a person again for an appointment!⁣
⁣
◾⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣
⁣
I’m Kate, a chronic illness patient and advocate sharing what my life is like with 7+ chronic illnesses. Follow me for more and check out my blog at katethealmostgreat.com⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣
⁣
◾⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣
⁣
IDs: ⁣
1️⃣ Kate stands hugging Emmie. They're both white woman. Emmie is in a wedding dress and Kate is in a red dress and wearing round tortiseshell glasses.⁣
2️⃣ Kate and Emmie stand next to Matt, Emmie's husband. He is a white man.⁣
3️⃣ Kate takes a mirror selfie. she's in the same red dress but now also wears a jean jacket and holds a cane and mask.⁣
4️⃣ Kate takes a selfie while giving a thumbs up. She looks tired. She's now wearing a pink flowery dress. ⁣
5️⃣ Kate takes a mirror selfie. She's wearing black shorts, a gray shirt, a jean jacket, a blue mask, and black aviator sunglasses. She has a bag over her shoulder and holds a cane.⁣
⁣
#AlmostGreatHealth #AlmostGreatLife #ChronicallyIll #InvisibleIllness #SpoonieLife #RheumatoidArthritis #RheumatoidDisease #Autoimmune #ButYouDontLookSick #AutoimmuneDisease #SpoonieLife #InvisibleIllness #DisabledAndCute
On the one hand, you should always believe what pe On the one hand, you should always believe what people tell you about their bodies.⁣
⁣
On the other hand, I’ve had so much ridiculous and unconnected health things happen that I do understand why people might not believe me.⁣
⁣
◾ ⁣
⁣
⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣I’m Kate, a chronic illness patient and advocate. Follow me for more content for chronic illness patients and their loved ones!⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣
⁣
◾ ⁣
⁣
⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣ID: Screenshots of a thread posts written by Kate Mitchell | Kate the (Almost) Great with the username katethealmostgreat. ⁣⁣The background is dark teal. All text is what’s above the first black square.⁣⁣
⁣
#AlmostGreatHealth #ChronicallyIll #ChronicPain #Autoimmune #AutoimmuneDisease #RheumatoidArthritis #RheumatoidDisease #SpoonieLife #InvisibleIllness
Last week, I talked about how it surprised me how Last week, I talked about how it surprised me how systemic autoimmune arthritis can be. But something else that surprised me was how much pain can be caused by small things.⁣
⁣
In this picture, I was getting ready to have an MRI on my knee. It has been bothering me a fair amount the last 6+ months, so I'm trying to do something about that. ⁣
⁣
Unsurprisingly, some of the tissue is damaged, but it's not bad. What's probably causing it to bother me so much is a teeny tiny cyst. ⁣
⁣
Baker's cysts are a type of cyst in the knee that are generally caused by arthritis. But having a cyst in my knee means that it's causing pressure on that damaged tissue. ⁣
⁣
The body is a weird thing, and one of these weird things is developing tiny cysts that cause a lot of pain. ⁣
⁣
◾⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣
⁣
I’m Kate, a chronic illness patient and advocate sharing what my life is like with 7+ chronic illnesses. Follow me for more and check out my blog at katethealmostgreat.com⁣⁣⁣⁣⁣⁣
⁣
◾⁣⁣⁣⁣
⁣
ID: Kate takes a mirror selfie. She's a brunette white woman wearing a hospital gown, scrub bottoms, black mask, round tortoiseshell glasses, and round tortoiseshell glasses. ⁣
🌸 Week 16 of #2025Weekly 🌸 ⁣ ⁣ 1️⃣ S 🌸 Week 16 of #2025Weekly 🌸 ⁣
⁣
1️⃣ Spring has sprung … ⁣
2️⃣ … Which means I am overheating! ⁣
3️⃣ A quick view of NYC on my travels ⁣
⁣
◾⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣
⁣
I’m Kate, a chronic illness patient and advocate sharing what my life is like with 7+ chronic illnesses. Follow me for more and check out my blog at katethealmostgreat.com⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣
⁣
◾⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣
⁣
IDs: ⁣
1️⃣ A flowering tree on a street ⁣
2️⃣ Kate takes a mirror selfie. She's a brunette white woman wearing a blue t-shirt saying "The Future Is Accessible," a black mask, a green hat reading "Facilities Management), black shorts, a black knee sleeve, and a black knee brace. She holds a pink cane.⁣
3️⃣ A picture of the New York City skyline behind a bridge.⁣
⁣
#AlmostGreatHealth #AlmostGreatLife #ChronicallyIll #RheumatoidArthritis #SpoonieLife #Autoimmune #AutoimmuneDisease #ChronicPain #Arthritis #RheumatoidDisease #Dysautonomia #PosturalOrthostaticTachycardiaSyndrome #POTS #InvisibleIllness
If I met my newly diagnosed self for coffee ... ⁣
⁣
I tell her how things would get worse before they got better. ⁣
⁣
I'd tell her to stop eating gluten, dairy, corn, soy, and eggs immediately (although that would have been a lot harder in 2010, more than it even is now). ⁣
⁣
I'd tell her that she still needs to keep advocating for herself. ⁣
⁣
I'd tell her that having a diagnosis unfortunately doesn't mean everything automatically falls into place. ⁣
⁣
I'd tell her that she'll develop many more illnesses but her quality of life will actually get significantly better. ⁣
⁣
I'd tell her that she would eventually have to get her right foot fixed, although she does expect that.⁣
⁣
I'd tell her that using a cane is not a sign of failure, but a tool to make life better.⁣
⁣
(I did a sort of tongue-in-cheek post about this a while ago and thought I'd post a more serious one).⁣
⁣
◾ ⁣
⁣
⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣I’m Kate, a chronic illness patient and advocate. Follow me for more content for chronic illness patients and their loved ones!⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣
⁣
◾⁣
⁣
ID: Kate poses for the camera holding a mug with the letter M on it. Kate is a brunette white woman wearing a blue sweater and round tortoiseshell glasses. A white text box reads "If I met my newly diagnosed self for coffee ...". ⁣
⁣
#AlmostGreatHealth #RheumatoidArthritis #RheumatoidDisease #ChronicallyIll #Autoimmune #AutoimmuneDisease #AutoimmuneArthritis #Rheum #InvisibleIllness #Arthritis #ButYouDontLookSick #ArthritisWarrior #CureArthritis
The thing that surprised me the most about autoimm The thing that surprised me the most about autoimmune arthritis is how systemic it is. ⁣
⁣
Like with most things, it's one thing to know the fact and it's something else to experience it. ⁣
⁣
Yes, my joints are affected (a lot). ⁣
⁣
But I've had enough serious infections thats I have to see an immunologist because we need to be aware of my antibodies and I sometimes need help recovering from illnesses. ⁣
⁣
And, yes, I see pulmonology because of my asthma, but we also have to keep an eye out on developing rheumatoid nodules in my lungs. (So far so good!)⁣
⁣
Not to mention that, when I developed POTS, the hospital admitted me to run every heart test to make sure that, at 26, I wasn't experiencing heart failure. ⁣
⁣
Plus, when I developed endometriosis, I also went through a number of GI tests because one theory was that I had ulcerative colitis. ⁣
⁣
Anyway, RA is so much more than "just" joints. If it wasn't, I wouldn't have to kill my immune system every 3 months like I am in this picture.⁣
⁣
◾⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣⁣
⁣
I’m Kate, a chronic illness patient and advocate sharing what my life is like with 7+ chronic illnesses. Follow me for more and check out my blog at katethealmostgreat.com⁣⁣⁣⁣⁣⁣
⁣
◾⁣⁣⁣⁣
⁣
ID: Kate takes a selfie in an infusion chair. She is a brunette white woman wearing a Boston Red Sox shirt, blue mask, and round tortoiseshell glasses.⁣⁣
⁣
#AlmostGreatHealth #RheumatoidArthritis #RheumatoidDisease #Rheum #Autoimmune #AutoimmuneDisease #InvisibleIllness #ButYouDontLookSick #Sjogrens #SjogrensSyndrome #POTS #PosturalOrthostaticTachycardiaSyndrome #Dysautonomia
Follow on Instagram

Copyright © 2025 · Kate the (Almost) Great · Design by Studio Mommy

%d