Why the ADA Doesn’t Apply to Active Duty Military

For decades, the Americans with Disabilities Act (ADA) has served as one of the most important civil rights protections for people living with disabilities. Signed into law in 1990, the ADA prohibits discrimination based on disability in employment, public accommodations, government services, and more. However, one group is explicitly excluded from ADA protections while in uniform: active duty service members.

The ADA and Its Purpose

The ADA was designed to ensure equal opportunity and access for individuals with disabilities in civilian society. It requires employers to provide reasonable accommodations—adjustments that enable a person with a disability to perform their job without creating an “undue hardship” on the employer. In practice, this might mean modified work schedules, adaptive equipment, or reassignment to another role.

Why Active Duty Military Are Exempt

While the ADA protects civilians, including veterans after their service, it does not extend to those currently serving in the Armed Forces. The reason is tied to the unique mission of the military. Unlike civilian employers, the military cannot always modify job requirements, reassign duties, or accommodate limitations in ways that would still meet operational readiness and national defense needs.

Instead of following the ADA, the Department of Defense (DoD) uses its own Disability Evaluation System (DES) to determine whether a service member is “fit for duty.” If an injury, illness, or condition prevents the member from meeting required standards, the DES may recommend medical separation or retirement. This system prioritizes force readiness over individual accommodation.

Post-Service Application of the ADA

Once a service member leaves the military, the ADA applies fully. Veterans are protected against disability discrimination in civilian employment and public life. Employers must make reasonable accommodations, and veterans who face unfair treatment have the right to pursue legal remedies.

Other laws also step in to safeguard veterans, such as:

• USERRA (Uniformed Services Employment and Reemployment Rights Act): Protects service members’ rights to return to civilian jobs after service.

• VA Benefits System: Provides medical care, compensation, and rehabilitation for service-connected disabilities.

Why This Matters

The exemption of active duty personnel from ADA protections highlights a major gap. Many service members capable of serving in alternative or modified roles are instead discharged, losing not only their mission but also their sense of identity and purpose. This is the driving force behind initiatives like Covenant of Courage and the #ReasonableRanks campaign, which argue that the military could implement more flexible, ADA-modeled accommodations rather than defaulting to discharge.

The Path Forward

Balancing readiness with compassion is not simple—but it is possible. Civilian workplaces already demonstrate that accommodations can be made without undermining mission effectiveness. By rethinking policies and allowing reassignment to training, mentorship, or non-deployable roles, the military could retain valuable talent while upholding dignity and fairness.

In short: The ADA doesn’t apply to active duty military because of the unique demands of service. But the conversation isn’t over—advocates are proving that accommodation models can work, and that service members deserve a second mission, not a premature discharge.