The Americans with Disabilities Act affects job advertisements in two distinct and important ways: the accommodation language you are required to include, and the physical or cognitive requirements that may unlawfully screen out qualified candidates with disabilities. Many employers get one of these right and miss the other — or get both wrong by copy-pasting boilerplate that doesn't actually satisfy the legal standard.
The required ADA accommodation statement
Every job posting should include a statement indicating that the employer will provide reasonable accommodations for qualified candidates with disabilities. This is both a legal requirement and a signal to candidates that your hiring process is accessible.
A compliant accommodation statement should include: (1) a statement that accommodations are available, (2) an indication of how to request accommodation, and (3) reference to "qualified individuals with disabilities" to use the legal standard. A well-constructed example: "We are committed to providing reasonable accommodations for qualified individuals with disabilities in our job application and interview process. To request an accommodation, please contact [HR email or phone number] prior to the scheduled interview."
The standard boilerplate — "We are an equal opportunity employer" — does not by itself satisfy the ADA accommodation requirement. EEO language addresses non-discrimination; the accommodation statement addresses process access. You need both.
What makes a physical requirement essential — and why it matters
The ADA permits employers to require that employees be able to perform "essential functions" of the job, with or without reasonable accommodation. The key word is "essential." Many job postings include physical or cognitive requirements that are not genuinely essential — they're included by habit, copied from older job descriptions, or added as a catchall.
Including non-essential physical requirements creates ADA exposure in three ways. First, it may screen out qualified candidates who could perform the role with reasonable accommodation. Second, it signals to candidates with disabilities that they aren't welcome, reducing application volume. Third, it provides ammunition for ADA claims if a candidate with a disability who was screened out can demonstrate the requirement isn't genuinely essential.
Before including any physical or cognitive requirement in a posting, ask: could a person with a disability perform this role with reasonable accommodation if this requirement were absent? If yes, the requirement is not essential and should be removed. "Must be able to lift 50 lbs" for a desk-based analyst role is not essential. "Must be able to stand for up to 8 hours" for a retail floor position is essential.
Cognitive and mental requirements: a more nuanced area
Cognitive requirements present more complexity than physical requirements. Language like "ability to work under pressure," "strong attention to detail," or "ability to manage multiple competing priorities" is ubiquitous in job descriptions and largely unproblematic. These descriptions reference work style and capability rather than screening for specific cognitive conditions.
Problems arise when language moves toward describing specific cognitive or mental states: "must be able to maintain composure in high-stress environments" (potentially problematic for candidates with anxiety disorders), "must not have gaps in employment" (often used discriminatorily against people who took leave for mental health treatment), or "energetic, fast-paced personality required" (potentially discriminatory against candidates with conditions affecting energy levels).
The test is always whether the requirement is genuinely job-related and whether it screens out candidates who could perform the essential functions with reasonable accommodation.
ADA, EEOC, and OFCCP: how the requirements interact
The ADA accommodation statement and physical requirement review are just two elements of a fully compliant job posting. For federal contractors, OFCCP regulations add a Section 503 self-identification invitation for candidates with disabilities — a separate requirement from the ADA accommodation statement. For all employers, the EEOC requires an EEO tagline. See our EEOC compliance guide and OFCCP checklist for the full picture of what your postings need.
Common ADA compliance mistakes in job postings
"Must be able to work in a fast-paced environment." Rarely constitutes a genuine job requirement. Remove it or specify what "fast-paced" actually requires in operational terms.
"Must have reliable transportation." If remote work is possible for the role, this requirement may not be essential. If the role truly requires on-site presence, it may be acceptable — but should be stated specifically as "must be able to commute to [location] reliably."
Drug testing language that doesn't account for prescribed medications. ADA intersects with employer drug testing policies. Blanket prohibitions on all drug use may conflict with ADA protections for employees taking prescribed medications. Legal review of drug testing language is advisable.
Missing the accommodation contact. Including the accommodation statement without a clear mechanism for requesting accommodation (email address, phone number, or process description) limits its practical value and may not satisfy the legal standard.
Reviewing and updating existing postings
If you have an existing library of job description templates, an ADA review is worth doing systematically. For each template, check: Is the accommodation statement present and specific? Does it include a mechanism for requesting accommodation? Are all physical requirements genuinely essential? Are all cognitive or personality requirements actually job-related? Are there any requirements that could disproportionately exclude qualified candidates with disabilities?
This review also has a talent acquisition benefit: postings that are explicitly accessible tend to attract a broader candidate pool and signal an inclusive culture that candidates with disabilities specifically look for when evaluating employers.
