I. Introduction

The Congressional Accountability Act of 1995 (“CAA”) applies the rights and protections established by sections 102 through 104 and 107(a) of the Americans with Disabilities Act of 1990 (“ADA”) (42 U.S.C. §§ 12112 through 12114 and 12117(a)) related to disability discrimination. 2 U.S.C. § 1311. In general, the ADA, as applied by the CAA, provides employees who have mental or physical impairments the right to receive reasonable accommodations in the work place and allows them to bring claims against employing offices who discriminate against them on the basis of their accommodation requests. The ADA, as applied by the CAA, requires employing offices to make reasonable accommodations for employees with disabilities absent undue hardship for the employing office. The ADA, as applied by the CAA, requires both employing offices and employees to participate in an interactive process in which both parties are required to consult with each other in good faith to select and implement an appropriate accommodation for both the employing office and employee.

The CAA also applies sections 201 through 230, 302, 303, and 309 of the ADA related to public services and accommodations, by requiring that employing offices make their public services, programs, activities, and places of public accommodation accessible to all members of the public. In other words, the CAA requires that members of the public with disabilities have the same access as the non-disabled to public services, programs, activities, and places of public accommodation in the legislative branch and requires that employing offices provide a reasonable modification absent an undue hardship.

II. Disabilities that Require Accommodation

Unless it would be an undue burden, it is discriminatory to not make reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee or to deny employment opportunities to a job applicant or employee who is an otherwise qualified individual with a disability, if such denial is based on the need to make reasonable accommodation. 42 U.S.C. § 12112.