Facing unfair treatment at work because of a disability can feel isolating and overwhelming. Yet disability discrimination remains one of the most common workplace civil rights violations. This guide will help you understand your legal protections, recognize discrimination, and take effective action to protect your rights and career.
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 Americans with Disabilities Act (ADA) serves as your primary shield against disability discrimination in the workplace. This federal law prohibits employers from treating you unfavorably because you have a disability, have a history of disability, or because the employer believes you have a disability (even if you don’t).
The ADA Amendments Act of 2008 (ADAAA) significantly broadened the definition of disability. This important update made it easier for employees to establish coverage by expanding the list of major life activities, clarifying that episodic conditions qualify, and establishing that mitigating measures (except ordinary eyeglasses) don’t affect disability determination.
The ADA covers employers with 15 or more employees. Many states have their own disability discrimination laws that often provide additional protections or cover smaller employers. For example, New York State Human Rights Law covers all employers regardless of size.
These laws protect you during all aspects of employment including:
- Job applications and hiring
- Pay and promotion decisions
- Training opportunities
- Termination and layoffs
- Benefits and leave
- All other employment activities
Many employees don’t realize they qualify for protection. The ADA defines “disability” broadly as a physical or mental impairment that substantially limits one or more major life activities. This includes many conditions you might not initially consider disabilities.
For more details on what qualifies as a disability, see our guide on ADA disability definitions.
Common Types of Disability Discrimination
Disability discrimination takes many forms. Learning to recognize these patterns helps you identify when your rights might be violated.
Direct Discrimination
Direct discrimination occurs when an employer treats you unfavorably specifically because of your disability. Examples include:
- Refusing to hire qualified candidates with disabilities
- Denying promotions based on disability status
- Paying employees with disabilities less for the same work
- Terminating employment because of a disability
Comments like “we can’t have someone with your condition in a client-facing role” or “your health issues are becoming a problem for the team” can serve as direct evidence of discriminatory intent.
Failure to Provide Reasonable Accommodations
Employers must provide reasonable accommodations to help employees with disabilities perform their jobs unless doing so would cause “undue hardship.” Refusing reasonable accommodations constitutes discrimination.
Common reasonable accommodations include:
- Modified work schedules or flexible hours
- Accessible workspaces and equipment
- Assistive technology
- Remote work options
- Restructured job duties
- Reassignment to vacant positions
The law considers accommodation refusal a form of discrimination. When employers dismiss accommodation requests with statements like “we don’t do special treatment” or “everyone has to follow the same rules,” they may violate the ADA.
Harassment Based on Disability
Harassment includes offensive remarks, mockery, or hostile treatment related to your disability. To qualify as illegal harassment, the behavior must:
- Be severe or pervasive enough to create a hostile work environment, or
- Result in an adverse employment decision (like demotion or termination)
Offensive comments or jokes about your disability or condition don’t need to come from supervisors to be illegal. Coworkers, clients, or customers can create a hostile environment that employers must address.
Medical Inquiries and Examinations
The ADA strictly limits when employers can ask health-related questions or require medical exams:
- Before offering a job, employers cannot ask disability-related questions or require medical exams
- After a conditional job offer, employers can ask health questions and require exams only if they require the same from all employees in that job category
- During employment, medical inquiries must be job-related and necessary for business
An employer who requires only employees with known disabilities to submit to medical exams engages in discrimination.
Associational Discrimination
The law also protects you from discrimination based on your relationship with someone who has a disability. For example, an employer cannot refuse to hire you because your child or spouse has a disability.
Negative comments about caregiving responsibilities or “family baggage” related to an employee’s relationship with someone who has a disability can constitute evidence of associational discrimination.
Proving Disability Discrimination
Proving disability discrimination requires specific evidence. Understanding what you need can help you build a stronger case.
Direct Evidence
Direct evidence clearly shows discriminatory intent without needing inference. Examples include:
- Written or verbal statements showing bias against disabilities
- Discriminatory company policies
- Admissions of disability-based decisions
Direct evidence is powerful but rare. Most employers don’t openly admit to discrimination.
Circumstantial Evidence
More commonly, you’ll rely on circumstantial evidence that suggests discrimination when pieced together. This might include:
- Different treatment compared to similarly situated employees without disabilities
- Suspicious timing of adverse actions following disability disclosure
- Inconsistent application of policies
- Shifting explanations for employment decisions
- Comments showing unconscious bias or stereotypes about disabilities
For instance, if your performance reviews were consistently positive until you disclosed your disability, after which they suddenly became negative without explanation, this timing creates circumstantial evidence of discrimination.
Documentation Strategies
Begin documenting suspected discrimination immediately:
- Keep a detailed journal of discriminatory incidents, including dates, times, locations, and witnesses.
- Save all communication related to your disability and accommodation requests, including emails, texts, and notes from conversations.
- Preserve performance reviews, commendations, and other evidence of your work quality.
- Record any comments related to your disability, even seemingly casual remarks.
- Maintain copies of company policies, particularly those related to accommodations and disability.
Strong documentation makes the difference in many discrimination cases. Courts often find documentation of discriminatory comments or inconsistent treatment particularly compelling.
The Reasonable Accommodation Process
The reasonable accommodation process forms a critical part of disability rights in the workplace. This interactive dialogue between you and your employer aims to identify effective accommodations.
Requesting Accommodations
While no magic words are required to request an accommodation, clear communication works best:
- Inform your employer that you have a medical condition requiring accommodation.
- Explain how your condition affects your ability to perform job functions.
- Suggest specific accommodations that would help you perform your job.
- Be prepared to provide medical documentation if requested.
You can make this request verbally, but a written request creates a record. Email your request to both your supervisor and HR, keeping a copy for your records.
The Interactive Process
After your request, your employer must engage in an “interactive process” to identify appropriate accommodations. This typically involves:
- Discussion about your specific limitations and needs
- Exploration of potential accommodation options
- Assessment of how effective each option would be
- Selection and implementation of the most appropriate accommodation
Both you and your employer must participate in good faith. Keep notes about all interactive process conversations and follow up in writing to confirm what was discussed.
When Accommodations Can Be Denied
Employers can legally deny accommodations only in limited circumstances:
- When providing the accommodation would cause “undue hardship” – significant difficulty or expense considering the employer’s resources
- When the accommodation would eliminate an essential job function
- When the accommodation would pose a “direct threat” to health or safety
Just because an accommodation costs money or requires some effort doesn’t make it an undue hardship. Courts expect employers, particularly larger ones, to absorb reasonable costs of accommodations.
Disability Discrimination in Remote Work Environments
The shift toward remote work has created new disability discrimination challenges and accommodation considerations. Virtual workplaces don’t eliminate disability discrimination—they transform how it appears.
Digital Accessibility Barriers
Remote work relies heavily on digital tools that may present accessibility challenges:
- Video conferencing platforms without captioning features
- Document-sharing systems incompatible with screen readers
- Collaboration tools with inaccessible interfaces
- Communication systems that don’t accommodate various disabilities
Employers must ensure digital accessibility as part of their accommodation obligations. This might include providing screen reader-compatible documents, captioned meetings, or alternative communication methods.
Remote Accommodation Considerations
Reasonable accommodations in remote settings might include:
- Specialized computer equipment or software
- Flexible scheduling for medical treatments or symptom management
- Modified communication expectations (e.g., alternative to video calls)
- Assistive technology for home offices
- Ergonomic office equipment
Employers cannot dismiss accommodation needs simply because an employee works remotely. The duty to provide reasonable accommodations extends to home offices when work is performed there.
Monitoring and Productivity Expectations
Some employers have implemented invasive monitoring software for remote workers. These tools may disproportionately impact employees with disabilities who:
- Need more frequent breaks
- Work at different paces due to their condition
- Require flexible schedules
- Use adaptive methods to complete tasks
Productivity expectations that fail to account for approved accommodations may constitute discrimination. Employers must adjust monitoring practices and performance metrics to account for reasonable accommodations.
Documentation Challenges
Remote work complicates discrimination documentation. Consider these strategies:
- Save electronic communications discussing your disability or accommodations
- Record virtual meetings where discrimination occurs (where legal)
- Document accommodations that were approved but not implemented
- Note differences in treatment during virtual team interactions
- Track changes in work assignments or expectations following disability disclosure
Preventing Isolation and Exclusion
Employees with disabilities often face exclusion from informal workplace communication in remote settings. This might look like:
- Being left out of impromptu virtual meetings
- Missing information shared through inaccessible channels
- Receiving fewer mentorship or development opportunities
- Being overlooked for projects or promotions due to reduced visibility
These exclusionary practices can constitute discrimination, particularly when they affect career advancement.
Long COVID as a Disability: Emerging Legal Considerations
The COVID-19 pandemic created a new category of disability claims related to “Long COVID” – persistent symptoms that remain after the initial infection. The EEOC and Department of Justice now recognize that Long COVID can qualify as a disability under the ADA when it substantially limits major life activities.
Qualifying Symptoms and Limitations
Long COVID manifests differently across individuals but commonly includes:
- Extreme fatigue and post-exertional malaise
- “Brain fog” and cognitive difficulties
- Shortness of breath and respiratory issues
- Heart palpitations and cardiovascular problems
- Neurological symptoms like dizziness or headaches
- Joint and muscle pain
These symptoms can substantially limit major life activities including thinking, concentrating, breathing, and working—thus qualifying as disabilities under the ADA.
Documentation Challenges
Employees seeking accommodations for Long COVID often face unique documentation challenges:
- Medical providers may have limited experience with Long COVID
- Diagnostic testing may not capture all symptoms
- Symptoms often fluctuate in severity
- The condition lacks standardized treatment protocols
Work with healthcare providers to document specific functional limitations rather than just diagnoses. Focus on how symptoms impact your ability to perform essential job functions when requesting accommodations.
Reasonable Accommodations for Long COVID
Appropriate accommodations for Long COVID might include:
- Flexible or reduced work schedules
- Rest breaks during the workday
- Remote or hybrid work arrangements
- Modified job duties to accommodate fatigue
- Memory aids for cognitive difficulties
- Ergonomic adjustments for physical symptoms
The novelty of Long COVID doesn’t diminish employer obligations to provide reasonable accommodations. The interactive process remains essential to identify effective solutions for this emerging condition.
Intersection with FMLA
For severe Long COVID cases, the Family and Medical Leave Act (FMLA) provides another important protection. Eligible employees can take up to 12 weeks of unpaid, job-protected leave when Long COVID qualifies as a “serious health condition.”
Unlike the ADA, FMLA only applies to employers with 50+ employees and to workers employed for at least 12 months. Consider whether your situation qualifies for both ADA accommodations and FMLA leave protection.
Evolving Legal Landscape
As a relatively new condition, Long COVID legal protections continue to evolve. Stay informed about:
- Updated EEOC guidance on Long COVID
- New court decisions interpreting disability status
- State law developments providing additional protections
- Medical research clarifying the condition’s impacts
Legal representation becomes particularly valuable in emerging areas like Long COVID discrimination, where precedent continues to develop.
Preventing Disability Discrimination: Best Practices for Employees
While employers bear the legal responsibility to prevent discrimination, employees can take proactive steps to protect themselves:
Understand Your Condition and Needs
Before requesting accommodations:
- Work with healthcare providers to understand your limitations
- Research accommodations that have helped others with similar conditions
- Identify the specific job functions affected by your disability
- Consider which accommodations would be most effective
A clear understanding of your needs strengthens accommodation requests and helps you recognize when discrimination occurs.
Communicate Strategically
Effective communication can prevent many issues:
- Be specific about your limitations and needs
- Focus on your ability to perform essential functions with accommodation
- Document accommodation requests and follow up in writing
- Propose solutions rather than just identifying problems
- Maintain a professional tone even in difficult situations
Strategic communication creates a paper trail while demonstrating your commitment to performing your job effectively.
Know Your Rights and Resources
Stay informed about your legal protections:
- Familiarize yourself with ADA and relevant state laws
- Research employer obligations for your specific situation
- Connect with disability advocacy organizations for guidance
- Consider joining employee resource groups for peer support
- Explore government resources like the Job Accommodation Network
Knowledge empowers you to recognize discrimination and respond appropriately.
Balance Disclosure Decisions
Consider disclosure strategies carefully:
- You’re not legally required to disclose a disability unless seeking accommodation
- Weigh the benefits of accommodations against potential stigma
- Disclose only information relevant to your accommodation needs
- Consider timing disclosure to established relationships rather than during hiring
- Protect your medical privacy while advocating for your needs
Disclosure decisions remain personal, with advantages and disadvantages depending on your situation.
When to Seek Legal Counsel
While some disability issues resolve through the interactive process, others require legal assistance. Consider consulting an employment attorney when:
Your Accommodation Requests Are Denied
Legal counsel helps when:
- Your employer refuses reasonable accommodation without proper justification
- The interactive process breaks down or isn’t happening in good faith
- Your employer doesn’t respond to accommodation requests
- Proposed alternatives don’t address your essential needs
An attorney can evaluate whether denials constitute discrimination and advise on next steps.
You Experience Retaliation
Seek legal help promptly if you face:
- Disciplinary actions following accommodation requests
- Negative performance reviews after disability disclosure
- Exclusion from opportunities after exercising your rights
- Hostile treatment after filing complaints
- Termination following disability-related activities
Retaliation claims often strengthen disability discrimination cases.
Discrimination Continues Despite Reporting
Consider legal counsel when:
- Internal complaints fail to resolve discrimination
- HR dismisses your concerns without proper investigation
- Harassment or discrimination intensifies after reporting
- Your employer violations settlement agreements or promised remedies
Attorneys can pursue external remedies when internal processes fail.
Administrative Deadlines Approach
Legal representation becomes critical when:
- EEOC filing deadlines near (180/300 days from discrimination)
- You receive a right-to-sue letter requiring action within 90 days
- Agency investigations conclude without resolution
- Settlement negotiations stall without progress
Missing administrative deadlines can permanently forfeit your rights.
Complex or Severe Discrimination Occurs
Attorney guidance proves particularly valuable for:
- Systemic discrimination affecting multiple employees
- Cases involving significant financial losses
- Situations with severe emotional distress
- High-stakes career impacts
- Novel legal questions or emerging conditions like Long COVID
Complex cases benefit most from early legal involvement.
Steps to Take If You Face Disability Discrimination
If you believe you’re experiencing disability discrimination, take these steps to protect your rights:
1. Follow Internal Reporting Procedures
Most employers have policies for reporting discrimination. Follow these procedures, typically found in your employee handbook. Report the discrimination to:
- Your direct supervisor (unless they’re the source of discrimination)
- Human resources
- Any designated EEO officer
Make your report in writing and keep a copy. Be specific about the discriminatory actions and their connection to your disability.
2. Document Everything
As mentioned earlier, thorough documentation strengthens your case:
- Save all relevant emails, messages, and written communications
- Keep a detailed journal of incidents and conversations
- Record names of witnesses to discriminatory actions
- Preserve performance evaluations and other feedback
- Note any changes in treatment following disability disclosure
3. File an Administrative Complaint
Before filing a lawsuit, you typically must file a charge of discrimination with either:
- The Equal Employment Opportunity Commission (EEOC), or
- Your state’s fair employment agency
Important deadlines apply:
- EEOC charges must generally be filed within 180 days of the discriminatory act
- This extends to 300 days in states with their own anti-discrimination laws
- Some state agencies have different deadlines
File your charge as soon as possible. The agency will investigate and may attempt to resolve the situation through mediation or settlement.
4. Consider Legal Representation
An experienced employment attorney can provide crucial guidance through this process. Consider consulting with an attorney:
- Before making a formal discrimination complaint
- If you’re struggling with the accommodation process
- When preparing to file an administrative charge
- After receiving a right-to-sue letter
- If you face retaliation for reporting discrimination
Early legal advice often prevents critical mistakes that could weaken your case.
5. Be Aware of Retaliation Protections
The law prohibits employers from retaliating against you for:
- Requesting reasonable accommodations
- Filing a discrimination complaint
- Participating in discrimination investigations
- Opposing discriminatory practices
Retaliation can include termination, demotion, harassment, or other adverse actions. If you experience retaliation after engaging in protected activity, document it carefully and consider it an additional violation.
Available Remedies for Disability Discrimination
If you prove disability discrimination, various remedies may be available:
Back Pay and Front Pay
- Back pay compensates for lost wages and benefits from the time of discrimination until judgment
- Front pay provides future compensation when reinstatement isn’t feasible
Compensatory Damages
These damages address non-economic harms such as:
- Emotional distress
- Mental anguish
- Loss of enjoyment of life
- Damage to reputation
Federal caps on compensatory damages range from $50,000 to $300,000 depending on employer size. However, some state laws allow for higher or uncapped damages.
Punitive Damages
In cases involving malicious or reckless discrimination, punitive damages may be available to punish the employer and deter similar conduct. These are also subject to caps under federal law.
Injunctive Relief
Courts may order your employer to:
- Reinstate you to your position
- Provide reasonable accommodations
- Change discriminatory policies
- Implement training programs
- Take other corrective actions
Attorney’s Fees and Costs
If you prevail, the employer typically must pay your reasonable attorney’s fees and litigation costs.
Common Workplace Disability Discrimination Situations
Understanding how disability discrimination appears in actual workplaces helps clarify these concepts:
Invisible Disabilities
Employees with non-apparent disabilities like fibromyalgia, anxiety disorders, or autoimmune conditions often face skepticism. Comments like “you look fine to me” or “everyone gets tired” minimize legitimate disabilities. Employers must evaluate accommodation requests based on medical information, not visual appearances.
Perceived Disabilities
The ADA protects you even when employers wrongly perceive you as disabled. For example, if an employer refuses to hire someone with a controlled seizure disorder based on unfounded safety concerns, this constitutes discrimination based on a perceived disability.
Mental Health Conditions
Mental health conditions face particular stigma in workplaces. Discrimination often appears through comments about being “unstable” or “unreliable.” Remember that depression, anxiety, PTSD, and other mental health conditions can qualify as disabilities deserving accommodation.
Accommodation Implementation
Even when employers approve accommodations, inadequate implementation creates discrimination. Delays, partial implementation, or undermining accommodations through negative comments all potentially violate the ADA.
How Nisar Law Can Help
At Nisar Law, we specialize in helping employees facing disability discrimination. Our experienced employment attorneys can:
- Evaluate your situation and explain your legal rights
- Guide you through the accommodation request process
- Help document discrimination effectively
- Represent you in internal complaints and investigations
- File and manage EEOC or state agency charges
- Negotiate settlements with employers
- Litigate your case in court when necessary
If you’re experiencing disability discrimination, don’t face it alone. Discrimination cases involve complex legal standards and strict deadlines. Having skilled legal representation significantly improves your chances of a favorable outcome.
Contact Nisar Law today for a confidential consultation about your workplace disability discrimination concerns. We’re committed to protecting the rights of employees with disabilities and ensuring they receive fair treatment in the workplace.
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
