Title I of the ADA and state workers' compensation laws

Below is the enforcement guidance concerning the interaction between Title I of the ADA and state workers' compensation laws. The purpose of Title I of the ADA is to prohibit employers from discriminating against qualified individuals because of disability in all aspects of employment. On the other hand, the purpose of a workers' compensation law is to provide a system for securing prompt and fair settlement of employees' claims against employers for occupational injury and illness. While the purposes of the two laws are not in conflict, the simultaneous application of the laws has raised questions for EEOC investigators, for employers, and for individuals with disabilities in a number of areas. In this document, the Commission provides guidance concerning the following issues: - whether a person with an occupational injury has a disability as defined by the ADA; - disability-related questions and medical examinations relating to occupational injury and workers' compensation claims; - hiring of persons with a history of occupational injury, return to work of persons with occupational injury, and application of the direct threat standard; - reasonable accommodation for persons with disability- related occupational injuries; - light duty issues; and - exclusive remedy provisions in workers'