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Congress enacted the ADA to address systemic societal discrimination of individuals with disabilities in this country, including in employment. An adverse employment action is an element of a failure to accommodate claim.A civil rights law to prohibit discrimination solely on the basis of disability in employment, public services, and accommodations. IDEA. Plain language of the ADA appears to require a distinct adverse employment action as an element of a failure to accommodate claim. The ADA protects qualified disabled employees from discrimination. This parallels the coverage provided in the Civil Rights Act of 1964. B. Elements of an ADA Retaliation Claim. Employees with disabilities are protected from workplace discrimination and entitled to reasonable accommodation. The ADA protects qualified disabled employees from discrimination. What Parts of Employment Does the ADA Cover?