The Americans with Disabilities Act (ADA) touches job postings in ways that many HR teams don't fully appreciate — not just through the accommodation statements that most teams include as boilerplate, but through the physical requirements, essential functions language, and implicit standards that can create legal exposure even before a candidate applies.
This guide covers what's genuinely required, what's recommended best practice, and — importantly — what language to avoid and why.
The ADA and job postings: the core requirements
The ADA doesn't prescribe specific language for job postings, but it has significant implications for what you put in them. Three areas are particularly important:
1. Physical requirements must be genuine essential functions
If your job posting includes physical requirements — "must be able to lift 50 lbs," "ability to stand for extended periods," "must have valid driver's license" — those requirements must be bona fide occupational qualifications. They must be genuinely necessary to perform the essential functions of the role, not just convenient or traditional.
Courts have found that listing non-essential physical requirements in job ads can itself be evidence of discriminatory intent, even before a candidate applies or requests accommodation. This isn't a theoretical risk — the EEOC's disability discrimination guidance explicitly addresses requirements that screen out qualified candidates with disabilities.
2. Job ads must describe essential functions — not marginal ones
An essential function is one that is fundamental to the role, not incidental. Listing marginal functions as requirements effectively screens out candidates who could perform the essential work but might need reasonable accommodation for the peripheral tasks. The ADA requires accommodation to be offered for non-essential functions — which means those functions aren't legitimate screening criteria.
3. No pre-employment medical enquiries
Job ads cannot include requirements that amount to pre-employment medical enquiries. Requiring candidates to disclose medication use, chronic conditions, or medical history at the application stage is unlawful under the ADA. Even indirect medical enquiries — asking about "stamina," "energy levels," or "health restrictions" in ways that probe for disability — are problematic.
The accommodation statement: not required but strongly recommended
While no federal law specifically mandates an accommodation statement in job advertisements (as distinct from accommodation during the hiring process, which is required), including one is:
- Required by the OFCCP for federal contractors under Section 503 of the Rehabilitation Act
- Strongly recommended by the EEOC as evidence of good faith
- Standard practice for most large employers and growing expectation among candidates
- Increasingly required or expected under state-level equivalents to the ADA (California's FEHA, New York's NYSHRL)
A compliant accommodation statement should: invite candidates to request accommodations; provide a specific contact or mechanism for requesting accommodation; not require candidates to disclose the nature of their disability to make the request; and not condition the application process on requesting accommodation in advance.
Example: "We are committed to providing reasonable accommodations to qualified individuals with disabilities during the application and hiring process. If you require an accommodation, please contact [email/phone] before your interview. You are not required to disclose the nature of your disability to request an accommodation."
Language to audit in your current postings
Beyond the obvious physical requirements, several categories of language warrant careful review:
- "Must have a valid driver's license": Only lawful if driving is genuinely required. Many roles include this requirement by habit even when a candidate who couldn't drive could perform all essential functions. The ADA's interactive accommodation process means you may be required to explore alternatives (public transit, rideshare, relocating meetings) before concluding driving is essential.
- "Must work in a fast-paced environment": This is often fine, but when combined with other language about physical pace or demands, it can read as screening for cognitive or physical disabilities. Use only when genuinely descriptive.
- "No accommodations available for this role": Explicitly unlawful. This language appears occasionally in job ads and represents a clear ADA violation.
- Vague "health" requirements: Language like "must be in good health," "health restrictions may limit candidacy," or "physically fit candidates preferred" all raise ADA flags.
State-level ADA equivalents: often broader than federal law
Several states have disability discrimination laws that are significantly broader than the ADA:
- California (FEHA): Defines disability much more broadly than the ADA — including conditions that don't "substantially limit a major life activity" under federal law. Applies to employers with 5+ employees (vs. the ADA's 15-employee threshold).
- New York (NYSHRL): Similarly broad definition, applying to employers with 4+ employees. New York City's Human Rights Law is even more expansive.
- Washington, New Jersey, Massachusetts: All have disability protections broader than the federal floor.
Employers hiring in these states need to audit their postings against state law, not just the ADA. A physical requirement that's defensible under the ADA might not be defensible under California's FEHA.
ADA language check — automated.
Role Canary flags non-compliant physical requirements, missing accommodation statements, and more.
Building ADA compliance into your posting process
The most reliable approach is systemic rather than post-hoc review:
- Create a standard accommodation statement in your job posting template — treat it as a required field, not optional boilerplate
- Require all physical or cognitive requirements to be approved by HR as genuine essential functions before posting
- Remove degree requirements that aren't substantively job-related (this also addresses EEOC disparate impact concerns — see our EEOC guide)
- For federal contractors, implement the full OFCCP compliance checklist which includes ADA and Section 503 requirements
- Run periodic audits of live postings — not just at the template level but at the individual posting level where individual hiring managers may have added non-standard language