Disability Discrimination at Work: Your Rights Under the ADA

Who Is Protected by the ADA?

The ADA applies to employers with 15 or more employees. It protects individuals who:

• Have a physical or mental impairment that substantially limits one or more major life activities
• Have a history or record of such an impairment (even if currently recovered)
• Are regarded as having such an impairment (even if they don't actually have one)

The ADA Amendments Act of 2008 significantly expanded the definition of disability, making it easier to qualify. "Major life activities" include walking, seeing, hearing, speaking, breathing, learning, working, caring for oneself, and major bodily functions (immune system, cell growth, neurological function, etc.).

Common conditions covered: diabetes, cancer, HIV, epilepsy, depression, anxiety disorders, PTSD, ADHD, back and mobility impairments, visual and hearing impairments, and many others. The condition doesn't have to be permanent or severe — if it substantially limits a major life activity, it qualifies.

What Does Disability Discrimination Look Like?

Discrimination can be overt or subtle. It includes:

• Adverse employment actions based on disability: Being fired, demoted, passed over for promotion, given worse assignments, or paid less because of a disability
• Failure to accommodate: Refusing to provide reasonable accommodation without demonstrating undue hardship
• Harassment: Creating a hostile work environment based on disability
• Medical inquiries and exams: Making disability-related medical inquiries before a job offer is made, or requiring exams not job-related and consistent with business necessity
• Retaliation: Taking adverse action against an employee for requesting accommodation, filing a disability complaint, or participating in a disability discrimination investigation
• Discriminatory policies: Neutral-seeming policies that have a discriminatory effect on people with disabilities without business justification

What Is "Reasonable Accommodation"?

Employers are required to provide reasonable accommodations that allow a qualified employee with a disability to perform the essential functions of their job — unless doing so would cause "undue hardship" (significant difficulty or expense).

Reasonable accommodations may include:

• Modified work schedules or remote work arrangements
• Physical modifications to the workspace (accessible parking, ergonomic equipment)
• Modified job duties that aren't essential functions
• Additional leave beyond FMLA entitlement
• Reassignment to a vacant position if accommodation isn't possible in the current role
• Assistive technology

The "undue hardship" defense is harder to claim than most employers suggest. Courts require employers to demonstrate actual significant difficulty or expense — which is a high bar for large employers. An employment attorney can evaluate whether an employer's refusal genuinely meets the undue hardship standard.

How to Request a Reasonable Accommodation

You don't have to use the words "reasonable accommodation" or mention the ADA. You simply need to communicate that you have a medical condition that affects your ability to do your job and that you need some type of adjustment. However, to protect yourself legally:

1. Put it in writing. Submit your accommodation request in an email or written letter, even if you discuss it verbally first. This creates a record of when you requested, what you requested, and what response you received.
2. Provide supporting documentation. Your employer can ask for medical documentation establishing that you have a disability and that the requested accommodation is medically necessary. Work with your healthcare provider on this.
3. Engage in the "interactive process." The ADA requires both parties to engage in good faith in exploring accommodation options. Document your participation and your employer's responses (or failures to respond).
4. Document the response and timeline. Note every communication, including any delays, denials, or counterproposals. Unexplained delays in responding to accommodation requests can themselves be discriminatory.

How to File a Disability Discrimination Complaint

Before filing a lawsuit for ADA discrimination, you must first file a charge with the Equal Employment Opportunity Commission (EEOC) or your state's fair employment agency. This is required — you cannot skip this step.

EEOC charge deadlines

You have 180 days from the discriminatory act to file an EEOC charge if your state doesn't have its own fair employment agency. In states with their own agencies (most states), the deadline extends to 300 days. These deadlines are strict — missing them generally bars your federal claims entirely.

What happens after filing

1. The EEOC notifies your employer
2. The EEOC investigates (this can take months to years)
3. If the EEOC finds merit, it may attempt mediation between you and your employer
4. If no resolution, the EEOC either sues on your behalf (rare) or issues a "right to sue" letter
5. With a right to sue letter, you have 90 days to file a lawsuit in federal or state court

Having an employment attorney involved from the EEOC stage — even though it's not required — significantly increases the quality of your charge and preserves your rights through the process.

What Damages Are Available?

Successful ADA plaintiffs may recover:

• Back pay and lost benefits
• Future lost earnings (front pay)
• Compensatory damages for emotional distress, pain and suffering
• Punitive damages (capped by company size — up to $300,000 for companies with 500+ employees)
• Attorney's fees and costs (paid by the defendant if you prevail)
• Injunctive relief: a court order requiring the employer to change practices or reinstate you

When to Consult an Employment Attorney

Consult an employment attorney if:

• Your accommodation request was denied or ignored
• You were fired, demoted, or disciplined and believe your disability was a factor
• You're about to sign a severance agreement
• You're approaching the EEOC deadline and haven't filed
• Your employer is retaliating against you for requesting accommodation or filing a complaint

Most employment attorneys offer free consultations and take ADA cases on contingency. Even if your case doesn't proceed to litigation, an initial consultation can clarify your rights and the strength of your position.