The Americans With Disabilities Act of 1990 prohibits disability based discrimination against qualified applicants and employees who have disabilities, and it requires employers to make reasonable accommodations for an applicant or an employee with a disability. Under the ADA, "disability" means: (1) a "physical or mental impairment" that "substantially limits" one or more major life activity;(2) having a record of such an impairment; or (3) being regarded as having an impairment.

Abiding by the ADA:

In order to conduct workers' compensation verifications in compliance with the ADA, an employer may only inquire into workers'compensation records after an applicant has received a conditional offer of employment.

The information obtained through SafeCare can only be used in a manner consistent with the Americans with Disabilities Act, for example: to determine the truthfulness of information on the related job application, determine whether the prospective employee is capable of performing the essential functions of the job with or without reasonable accommodations, and/or determine if the prospective employee would create a significant risk of substantial harm to the health or safety of himself or others in the workplace setting, where the risk could not be reduced or eliminated with reasonable accommodations.