In today’s workplace, individuals with disabilities continue to face significant barriers to equal employment opportunities despite decades of legal protections. Whether you’re experiencing discrimination firsthand or seeking to understand your rights, navigating the complex landscape of disability discrimination law can be challenging.
At Nisar Law Group, we regularly assist clients who have been denied reasonable accommodations, passed over for promotions, subjected to harassment, or terminated due to their disabilities. We understand both the legal complexities and personal impacts of disability discrimination in the workplace.
This article explains your legal protections, how to recognize disability discrimination, steps to request accommodations and options for addressing violations of your rights. With this knowledge, you’ll be better equipped to advocate for yourself and secure the workplace protections you deserve.
Disclaimer: This article provides general information for informational purposes only and should not be considered a substitute for legal advice. It is essential to consult with an experienced employment lawyer at our law firm to discuss the specific facts of your case and understand your legal rights and options. This information does not create an attorney-client relationship.
Understanding Disability Discrimination Laws
The primary legal protection against workplace disability discrimination comes from the Americans with Disabilities Act (ADA), but several other laws provide important protections as well.
The Americans with Disabilities Act (ADA)
The ADA prohibits discrimination against qualified individuals with disabilities in all employment practices, including job application procedures, hiring, firing, advancement, compensation, training, and other terms, conditions, and privileges of employment. This federal law applies to employers with 15 or more employees, including private employers, state and local governments, employment agencies, and labor organizations.
Under the ADA, employers are required to provide reasonable accommodations to qualified employees or applicants with disabilities, unless doing so would cause “undue hardship” to the operation of the employer’s business.
The ADA Amendments Act of 2008 (ADAAA) broadened the definition of disability, making it easier for individuals to establish that they have a disability covered under the ADA. This important amendment shifted focus from whether someone has a disability to whether discrimination has occurred.
The Rehabilitation Act
Section 501 of the Rehabilitation Act prohibits disability discrimination by federal agencies, while Section 503 prohibits discrimination by federal contractors and subcontractors. Section 504 prohibits discrimination in programs conducted by federal agencies and programs receiving federal financial assistance.
The Rehabilitation Act essentially extends ADA-like protections to the federal sector and organizations receiving federal funding, making it particularly relevant for government employees and contractors.
State and Local Laws
Many states and localities have their own disability discrimination laws that may provide additional protections beyond federal law. These laws often apply to smaller employers not covered by the ADA and may define “disability” more broadly or provide different remedies.
For example, the New York State Human Rights Law and New York City Human Rights Law provide broader protections than federal law in several ways, including covering employers with as few as four employees and offering a more inclusive definition of disability.
Family and Medical Leave Act (FMLA)
While not specifically a disability law, the FMLA intersects with disability protections by providing eligible employees with up to 12 weeks of unpaid, job-protected leave per year for serious health conditions. This can be an important protection for employees whose disabilities require intermittent time off or treatment.
What Qualifies as a Disability Under the Law?
Understanding whether your condition qualifies as a disability is essential to determining your legal protections.
Legal Definition of Disability
Under the ADA, a person has a disability if they have:
- A physical or mental impairment that substantially limits one or more major life activities;
- A record of such an impairment; or
- Being regarded as having such an impairment (even if they don’t actually have a limiting condition)
The ADAAA clarified that “major life activities” include, but are not limited to:
- Caring for oneself
- Performing manual tasks
- Seeing, hearing, eating, sleeping
- Walking, standing, lifting, bending
- Speaking, breathing, learning, reading
- Concentrating, thinking, communicating
- Working
- Major bodily functions (immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions)
“Substantially Limits” Interpretation
The ADAAA directed that the term “substantially limits” be interpreted broadly in favor of coverage. Courts no longer require that an impairment prevent or severely restrict a major life activity to be considered substantially limiting.
Some important points about this interpretation:
Conditions that are episodic or in remission are considered disabilities if they would substantially limit a major life activity when active. Mitigating measures (except ordinary eyeglasses or contact lenses) cannot be considered when determining if an impairment substantially limits a major life activity. An impairment need only substantially limit one major life activity to be considered a disability.
Common Conditions Recognized as Disabilities
While disability determinations are individualized, courts have recognized many conditions as disabilities under the ADA, including physical disabilities (mobility impairments, paralysis, amputation), sensory disabilities (blindness, deafness, speech impairments), chronic health conditions (diabetes, epilepsy, heart disease, cancer), mental health conditions (depression, anxiety disorders, PTSD, bipolar disorder), learning and cognitive disabilities (dyslexia, ADHD, autism spectrum disorders), and substance use disorders (though active illegal drug use is not protected).
“Regarded As” Having a Disability
Importantly, you’re protected even if your employer merely perceives you as having a disability, whether or not you actually have one. This provision protects employees from discrimination based on an employer’s misperceptions about their conditions or capabilities.
However, there’s a key limitation: if you’re only “regarded as” having a disability (but don’t actually have one), you aren’t entitled to reasonable accommodations.
Recognizing Disability Discrimination in the Workplace
Disability discrimination can take many forms, some obvious and others subtle. Understanding these different manifestations is crucial to recognizing when your rights may have been violated.
Types of Disability Discrimination
Direct Discrimination occurs when an employer treats someone less favorably because of their disability. Examples include refusing to hire a qualified candidate because of their disability, firing an employee after learning of their disability, denying promotion opportunities to employees with disabilities, paying employees with disabilities less than similarly situated non-disabled employees, or limiting job responsibilities or opportunities based on assumptions about a person’s capabilities.
Failure to Provide Reasonable Accommodations is another form of discrimination. As discussed in detail later, employers must provide reasonable accommodations to qualified individuals with disabilities unless doing so would cause undue hardship. Refusing to provide or even consider reasonable accommodations constitutes discrimination.
Harassment based on disability creates a hostile work environment when it is severe or pervasive enough to alter the conditions of employment. Examples include offensive jokes, slurs, or epithets about disabilities; mockery or mimicry of a person’s disability; intrusive questions about a person’s condition; displaying offensive images related to disabilities; or isolation or exclusion of an employee because of their disability.
Retaliation against employees who exercise their rights under disability discrimination laws is illegal. This includes requesting reasonable accommodations, filing disability discrimination complaints, participating in an investigation of discrimination complaints, or opposing discriminatory practices.
Association Discrimination is prohibited by the ADA, which protects individuals who have a known association or relationship with someone who has a disability. This protects, for example, parents of children with disabilities or spouses of individuals with disabilities.
Signs of Potential Disability Discrimination
Some indicators that you may be experiencing disability discrimination include negative employment actions following disclosure of your disability, different treatment compared to similarly situated employees without disabilities, comments or questions that reflect stereotypes or assumptions about your abilities, exclusion from meetings, projects, or social events after disclosing your disability, sudden performance concerns after previously positive reviews, denial of accommodations without meaningful discussion, questions about retirement or your ability to continue working, and increased scrutiny of your work compared to colleagues.
The Impact of Bias and Stereotypes
Many disability discrimination cases stem from unconscious bias and stereotypes rather than intentional malice. Common stereotypes include assumptions that people with disabilities are less productive or reliable, require expensive accommodations, will take excessive time off, cannot handle stress or pressure, will make others uncomfortable, or are defined primarily by their limitations rather than their abilities.
These biases often manifest in well-intentioned but discriminatory statements like “This job is too demanding for someone with your condition” or “We didn’t consider you for the client-facing role because we thought it might be too stressful with your anxiety.”
Reasonable Accommodations: Your Right to Workplace Support
One of the most important aspects of disability law is the right to reasonable accommodations. Understanding this process is essential for effectively advocating for the workplace modifications you need.
What Is a Reasonable Accommodation?
A reasonable accommodation is any change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities. These can include modifications to job application procedures (providing applications in accessible formats, allowing extra time for assessments, modifying testing procedures), modifications to work environment (installing ramps or accessible restrooms, adjusting desk height or providing ergonomic equipment, relocating a workspace to an accessible area, creating a quiet or reduced-distraction workspace), modifications to job duties (restructuring non-essential job functions, modifying workplace policies, adjusting work schedules or allowing telework, providing qualified readers or interpreters, reassignment to a vacant position), and leave-related accommodations (allowing leave for treatment or recovery, providing intermittent leave, adjusting attendance policies).
The Accommodation Request Process
While there is no required format for requesting an accommodation, following these steps can help ensure your request is properly considered:
- Make Your Request Clear: While you don’t need to use specific legal terminology, you should make it clear that you are requesting changes or assistance related to a medical condition. Simply saying “I need help” may not be sufficient to trigger the accommodation process.
- Put it in Writing: Although not legally required, documenting your request in writing creates a record and can help prevent misunderstandings. Your request should identify your disability (though you don’t need to disclose detailed medical information), explain how your disability affects your work, specify the accommodations you’re requesting, and suggest a timeframe for implementation or discussion.
- Be Prepared for Medical Documentation: Employers can request reasonable medical documentation to confirm your disability and need for accommodation if your disability or need for accommodation isn’t obvious. This documentation typically should come from an appropriate healthcare provider and focus on your functional limitations and accommodations needed—not your complete medical history.
- Engage in the Interactive Process: The “interactive process” is a collaborative dialogue between you and your employer to identify appropriate accommodations. This process might include discussing the nature of your limitations, exploring potential accommodation options, evaluating the effectiveness of different accommodations, and selecting and implementing the most appropriate accommodation.
In our experience, many accommodation disputes arise when employees or employers attempt to skip the interactive process. A software developer with ADHD requested to work from home full-time, which her employer initially denied outright. Through a properly facilitated interactive process, they identified that her primary need was for a distraction-free environment, which they ultimately provided through a private office with noise-cancelling features.
Undue Hardship: When Employers Can Deny Accommodations
Employers can deny accommodations that would cause “undue hardship,” meaning significant difficulty or expense considering the nature and cost of the accommodation, the overall financial resources of the facility and the company, the type of operation and structure of the workforce, and the impact of the accommodation on operations.
Importantly, an employer cannot claim undue hardship based on employees’ or customers’ negative attitudes or prejudices, minor inconveniences to operations, hypothetical or unsubstantiated concerns, or minor cost increases without additional factors.
Large organizations typically have more difficulty establishing undue hardship based on cost alone. Courts generally expect employers to absorb reasonable costs as part of their obligation to provide equal opportunity.
Challenging Accommodation Denials
If your accommodation request is denied, consider requesting the reasoning in writing, suggesting alternatives if the specific accommodation you requested would cause undue hardship, providing additional information if the denial was based on insufficient information about your needs or the accommodation’s effectiveness, using your company’s internal grievance or appeal procedures if available, and seeking legal guidance to evaluate whether the denial was legally justified and to explore your options.
Proving Disability Discrimination: Building Your Case
If you believe you’ve experienced disability discrimination, understanding how to establish your case is crucial.
Legal Frameworks for Discrimination Claims
Disability discrimination cases typically follow one of several legal frameworks:
Disparate Treatment occurs when an employer intentionally discriminates against an employee because of their disability. To establish a prima facie case, you generally need to show that you have a disability or were regarded as having a disability, you were qualified for your position, you suffered an adverse employment action, and the circumstances suggest the disability was a determining factor in the adverse action.
For Reasonable Accommodation claims, you generally need to demonstrate that you have a disability under the law, you are qualified for the position, your employer knew about your disability, you requested a reasonable accommodation, your employer denied the accommodation despite its reasonableness, and there was a causal connection between the denial and adverse employment consequences.
To establish disability-based Hostile Work Environment harassment, you typically need to show that you belong to a protected class (have a disability), you were subjected to unwelcome harassment, the harassment was based on your disability, the harassment was sufficiently severe or pervasive to alter your working conditions, and there is a basis for employer liability.
Types of Evidence in Disability Discrimination Cases
Effective cases typically include multiple forms of evidence:
Direct Evidence includes explicit statements showing discriminatory intent, such as comments about your disability affecting job performance, statements expressing frustration about accommodations, remarks revealing stereotypes or biases about disabilities, or written policies that explicitly discriminate.
Circumstantial Evidence indirectly suggests discrimination, such as timing of adverse actions relative to disability disclosure or accommodation requests, inconsistent application of policies or disciplinary measures, shifting explanations for employment decisions, departure from established procedures, or preferential treatment of similarly situated non-disabled employees.
Statistical Evidence, particularly in class actions, can reveal disparities in how employees with disabilities are treated and support discrimination claims.
Comparative Evidence shows that similarly situated employees without disabilities were treated more favorably.
Documentary Evidence includes internal communications, performance evaluations, medical documentation, accommodation requests, and company policies.
Documentation Strategies for Employees
Strong documentation can significantly strengthen your case. Keep a detailed journal recording all potentially discriminatory incidents, including date, time, and location; individuals involved (witnesses included); detailed description of what happened or was said; and your response and any actions taken.
Preserve communications such as emails, texts, memos, and other communications related to your disability disclosure, accommodation requests and responses, performance evaluations, disciplinary actions, and complaints you’ve made about discrimination.
Maintain medical records, including copies of medical documentation provided to your employer, treatment records related to your disability, and healthcare provider recommendations for accommodations.
Track performance by preserving evidence of your job performance, including performance evaluations (before and after disability disclosure), commendations or recognition, work product samples, and client or colleague testimonials.
Record company policies, maintaining copies of employee handbooks, ADA/accommodation policies, job descriptions, and relevant workplace procedures.
Filing a Disability Discrimination Complaint
If you believe you’ve experienced disability discrimination, you have several options for pursuing your claim.
Administrative Complaints: EEOC and State Agencies
Most disability discrimination claims must start with filing an administrative charge before you can pursue litigation.
The Equal Employment Opportunity Commission (EEOC) has a filing deadline generally 180 days from the discriminatory act, extended to 300 days in states with their own anti-discrimination laws. After filing, the EEOC may investigate, attempt conciliation, or issue a “right to sue” letter allowing you to pursue litigation. EEOC coverage applies to employers with 15+ employees.
State Fair Employment Agencies often cover smaller employers not subject to the ADA. Filing with a state agency typically cross-files your complaint with the EEOC.
When filing, include all relevant details about the discrimination, clearly articulate the protected characteristic (your disability) and how it relates to the adverse action, provide names of potential witnesses, include relevant documentation, and request specific remedies if appropriate.
Internal Complaint Procedures
Before or alongside external complaints, consider your employer’s internal procedures. File a formal complaint with HR, documenting the specific discriminatory actions, when and where they occurred, who was involved, any witnesses, and how the actions relate to your disability.
Follow your company’s established discrimination complaint procedures, which may be outlined in your employee handbook or policies, and keep copies of your complaint and all related communications.
Internal complaints may resolve the issue without litigation and create important documentation if external action becomes necessary. They may also help trigger legal protections against retaliation.
Litigation Options
If administrative remedies don’t resolve your case, litigation may be appropriate. Federal court requires an EEOC “right to sue” letter, is subject to a 90-day filing deadline from receipt of the letter, potentially offers broader remedies and jury trials, and can include ADA claims and related federal claims.
State court procedures vary by state, may offer additional protections or remedies, are often more accessible for smaller claims, and can include state law disability claims (which sometimes provide broader protections).
Available remedies include back pay (wages and benefits lost due to discrimination), front pay (future compensation when reinstatement isn’t feasible), compensatory damages (for emotional distress and other non-economic harms), punitive damages (in cases of intentional discrimination or reckless indifference), injunctive relief (changes in employer policies or practices), and attorney’s fees and costs.
After receiving a right to sue letter, you typically have only 90 days to file a lawsuit in court, making prompt legal consultation essential.
Workplace Accommodations for Specific Conditions
Different disabilities often require different types of accommodations. Here are examples of common accommodations by condition type:
Physical Disabilities
For Mobility Impairments, accommodations may include accessible workspaces (ramps, wider doorways), ergonomic workstations and equipment, reserved parking close to the workplace, relocation to accessible work areas, and schedule adjustments to accommodate transportation needs.
For Chronic Health Conditions, accommodations may include flexible scheduling for medical appointments, additional breaks for medication or rest, modified work schedules or telework, adjustments to physical work environment (temperature, lighting), and permission to eat or drink as needed for medical reasons.
For Sensory Disabilities, accommodations may include assistive technology (screen readers, voice recognition), sign language interpreters, written materials in accessible formats, noise-cancelling headphones or quiet work areas, and special lighting or glare reduction.
Mental Health Disabilities
For Anxiety Disorders, accommodations may include flexible scheduling or breaks for therapy, private workspace or noise-cancelling headphones, written instructions for complex tasks, regular check-ins with supervisors, and modified emergency response procedures.
For Depression, accommodations may include flexible scheduling or telecommuting, extended leave during severe episodes, adjustments to supervisor feedback methods, task lists and organizational tools, and natural lighting or light therapy lamps.
For ADHD, accommodations may include distraction-reduced work environments, written instructions and checklists, regular breaks to improve focus, time management tools and reminders, and noise-cancelling headphones.
Cognitive and Learning Disabilities
For Learning Disabilities, accommodations may include extended time for training or certain tasks, written or verbal instructions based on learning style, assistive technology for reading or writing, quiet workplace or noise-cancelling headphones, and organizational tools and apps.
For Autism Spectrum Disorders, accommodations may include clearly defined job expectations and routines, written instructions and regular feedback, noise-cancelling headphones or quiet workspace, flexible scheduling to allow for breaks, and social interaction modifications.
For Intellectual Disabilities, accommodations may include job coaches or extended job training, modified training materials and instructions, schedule reminders and organizational tools, task lists with clear steps, and consistent supervision and feedback.
Invisible Disabilities
Some conditions may not be immediately apparent but still require accommodation.
For Fibromyalgia/Chronic Fatigue, accommodations may include flexible scheduling or remote work, ergonomic workstations, regular break periods, reduced travel requirements, and task rotation to reduce physical strain.
For Migraines, accommodations may include lighting adjustments or anti-glare screens, fragrance-free workplace policies, regular breaks or flexible scheduling, remote work during episodes, and control over environmental factors (temperature, noise).
For Post-Traumatic Stress Disorder, accommodations may include modified break schedules, support animal accommodation, private workspace or noise-canceling headphones, flexible scheduling for treatment, and modified emergency response procedures.
Disability Discrimination in Remote Work Environments
As remote work becomes increasingly common, disability discrimination issues have evolved to include new challenges and considerations.
Remote Work as an Accommodation
Remote work itself can be a reasonable accommodation for many disabilities, eliminating commuting difficulties for those with mobility impairments, allowing control over environmental factors for conditions like migraines or sensory sensitivities, providing flexible scheduling for those who need medical treatments, reducing workplace stressors for those with anxiety or PTSD, and allowing for more frequent breaks or position changes for physical conditions.
In assessing remote work accommodation requests, employers should focus on whether essential job functions can be performed remotely, how performance can be measured and monitored, what equipment or technology would be needed, and whether partial remote work (certain days) might be sufficient.
New Forms of Discrimination in Remote Settings
Remote work has introduced new potential forms of discrimination:
Technology Access Barriers include inaccessible virtual meeting platforms, software incompatible with screen readers, lack of captioning services for video meetings, and complex interfaces that create barriers for cognitive disabilities.
Communication Challenges include fast-paced virtual meetings that disadvantage those with processing disabilities, chat-heavy environments that disadvantage those with certain learning disabilities, and lack of visual cues affecting those who rely on lip reading.
Monitoring and Evaluation Issues include performance metrics that disadvantage employees with disabilities, surveillance software that doesn’t account for accommodation needs, and failure to consider disability-related factors in productivity assessments.
Requesting Remote Accommodations
When requesting remote work accommodations, be specific about needs by explaining how remote work specifically accommodates your disability and how you will fulfill essential job functions remotely. Propose a detailed plan outlining how you would maintain communication with team members, attend meetings and collaborate on projects, ensure productivity and accountability, and address any potential challenges.
Address technology requirements by specifying what equipment or software you would need to work effectively from home. Consider hybrid options if full-time remote work would cause undue hardship, and get healthcare provider support by providing documentation that specifically addresses how remote work accommodates your condition.
Long COVID as a Disability: Emerging Legal Considerations
The COVID-19 pandemic has created a new category of disability cases involving “Long COVID” or “Post-Acute COVID Syndrome.”
Long COVID and Disability Status
The Department of Justice and EEOC have formally recognized that Long COVID can qualify as a disability under the ADA when it substantially limits one or more major life activities. Common Long COVID symptoms that may qualify include respiratory difficulties, cognitive issues (“brain fog”), chronic fatigue, heart palpitations or cardiovascular issues, mobility limitations, neurological damage, and persistent headaches or dizziness.
Long COVID is evaluated like any other disability: on a case-by-case basis, focusing on how the condition substantially limits major life activities. The condition’s unpredictable nature and varying symptom presentation can complicate disability determinations.
Documentation Challenges
Establishing Long COVID as a disability may require comprehensive medical records documenting symptoms and limitations, diagnostic test results (though many Long COVID symptoms don’t show up on standard tests), medical provider statements connecting symptoms to functional limitations, and detailed explanation of how symptoms affect specific job functions.
Since Long COVID is a relatively new condition, many healthcare providers are still developing appropriate diagnostic and documentation protocols. If you’re struggling to get adequate documentation, consider specialist referrals (pulmonologists, cardiologists, neurologists), functional capacity evaluations, detailed symptom journals showing patterns and triggers, and seeking providers with experience in Long COVID treatment.
Common Accommodations for Long COVID
Depending on specific symptoms, reasonable accommodations might include flexible scheduling or reduced hours, additional breaks throughout the day, remote work to eliminate commuting fatigue, and workstation adjustments to reduce physical strain for fatigue and stamina issues.
For cognitive difficulties, accommodations might include written instructions and reminders, extended time for complex tasks, noise-reducing headphones or quiet workspace, assistive technology for organization, and breaking large projects into smaller tasks.
For respiratory issues, accommodations might include enhanced ventilation or air filtration, remote work to reduce exposure to irritants, relocation away from environmental triggers, and flexible scheduling for breathing treatments.
For physical symptoms, accommodations might include ergonomic equipment, reduced standing or walking requirements, accessible parking or workspace relocation, and modified duties to accommodate physical limitations.
The evolving understanding of Long COVID means accommodation needs may change over time, making ongoing communication with employers particularly important.
Preventing Disability Discrimination: Best Practices for Employees
While employers bear the legal responsibility to prevent discrimination, employees can take proactive steps to protect their rights.
Disclosing Your Disability Strategically
You’re not legally required to disclose disabilities unless you need an accommodation. When considering disclosure, timing considerations include pre-employment (generally only disclose if you need accommodations for the application process), post-offer/pre-start (consider disclosing if you’ll need accommodations from day one), after starting (disclose when the need for accommodation arises), and after performance issues (disclose promptly if disability is affecting performance).
When disclosing, be clear but concise about your condition, focus on functional limitations rather than medical details, connect disclosure to specific accommodation needs, emphasize your qualifications and ability to perform with accommodation, and consider putting disclosure in writing for documentation.
Consider who to tell, such as Human Resources professionals (typically preferable as first point of contact), direct supervisor if appropriate, disability services office if available, or Employee Assistance Program for guidance.
Self-Advocacy Strategies
Effective self-advocacy can help resolve issues before they escalate. Know your rights by familiarizing yourself with the ADA, relevant state laws, and your company’s disability policies. Document everything by keeping records of all disability-related communications, accommodation requests, and incidents of potential discrimination.
Be solution-oriented by coming prepared with specific suggestions when requesting accommodations and focusing on how they will help you perform your job effectively. Maintain professionalism by keeping communications factual and job-focused, avoiding emotional language even in difficult situations.
Use available resources by consulting your employee handbook, EAP, disability resource groups, or external advocacy organizations for guidance and support. Follow procedures by adhering to your company’s established procedures for requesting accommodations or reporting discrimination. Seek support by connecting with affinity groups, external disability organizations, or support networks for guidance and perspective.
Building a Support Network
Creating a support system can be invaluable. Many companies have disability-focused employee groups that can provide advice and community. Organizations like the Job Accommodation Network (JAN) offer free guidance on accommodation requests. Maintain relationships with healthcare providers who understand your workplace needs and can provide appropriate documentation. Connect with others in your field who have similar disabilities to share strategies and resources. Establish a relationship with an employment attorney before urgent issues arise.
A strong support network doesn’t just provide emotional support—it can offer practical guidance on handling workplace challenges effectively. Many of our clients have successfully navigated complex accommodation processes with the help of disability advocacy organizations that provided specific accommodation suggestions tailored to their industries.
When to Seek Legal Counsel
While many disability issues can be resolved through direct communication with employers, certain situations warrant professional legal guidance.
Warning Signs That Legal Help May Be Needed
Consider consulting an employment attorney if:
Your accommodation requests are repeatedly denied without meaningful explanation. Your employer is unwilling to engage in the interactive process. You experience adverse employment actions shortly after disclosing your disability or requesting accommodations. You’re subjected to disability-based harassment that continues despite reporting it. You receive inconsistent or shifting explanations for negative employment decisions. You’re excluded from opportunities after disclosing your disability. Your employer retaliates against you for asserting your ADA rights. Your employer makes concerning statements about your disability or capabilities.
Early legal consultation often prevents situations from escalating and helps preserve your legal options. Many employment attorneys offer initial consultations at reduced rates or no cost to evaluate your situation.
What to Expect When Working with an Employment Attorney
In an initial consultation, an experienced employment attorney will:
Assess the facts of your situation and identify potential legal claims. Explain your rights and the legal standards that apply to your case. Outline potential strategies for addressing the situation. Discuss likely timelines and potential outcomes. Explain fee structures and options for proceeding.
Employment attorneys can help beyond litigation by advising on accommodation requests, reviewing proposed accommodations, helping draft effective communications with your employer, representing you in interactive process discussions, assisting with internal complaints or appeals, and negotiating resolutions without litigation when possible.
Statute of Limitations Considerations
Disability discrimination claims have strict deadlines that vary based on the laws involved and your location:
EEOC complaints must typically be filed within 180 days of the discriminatory act (extended to 300 days in states with their own anti-discrimination laws). State administrative complaints may have different deadlines (often 180 days to one year). Lawsuits must be filed within 90 days of receiving an EEOC “right to sue” letter. State law claims may have different statutes of limitations.
Missing these deadlines can permanently bar your claims, making timely legal consultation particularly important.
Conclusion: Advocating for Your Workplace Rights
Disability discrimination continues to affect too many talented professionals who simply need reasonable accommodations to perform their jobs effectively. Understanding your legal protections is the first step toward addressing discrimination and securing appropriate accommodations.
Remember that disability laws reflect an important principle: workplace decisions should be based on skills, qualifications, and performance—not on disability status or misperceptions about capabilities. By focusing on these objective factors, employers gain access to a diverse talent pool that includes the valuable perspectives and contributions of individuals with disabilities.
If you’re experiencing disability discrimination, know that you’re not alone. Many employees with disabilities have successfully advocated for their rights and obtained the accommodations they need to thrive professionally. With the right approach and support, you can do the same.
At Nisar Law Group, we’re committed to helping workers with disabilities secure fair treatment and equal opportunities in the workplace. If you have questions about disability discrimination or need assistance with an accommodation request, contact us for a confidential consultation to discuss your situation and explore your options.
Related Resources
- What Qualifies as a Disability Under the ADA
- Reasonable Accommodations: What to Request and How
- Medical Examinations and Inquiries: Employee Rights
- Mental Health Disabilities: Special Considerations
- Invisible Disabilities in the Workplace
- Proving Disability Discrimination: Building Your Case
- When Employers Can Claim “Undue Hardship”
- Disability Discrimination in Remote Work Environments
- Long COVID as a Disability: Emerging Legal Considerations
