If your employer treats you unfairly because of a disability—or refuses to accommodate your condition—you may have legal recourse. The Americans with Disabilities Act (ADA) prohibits discrimination against qualified workers with disabilities and requires employers to provide reasonable accommodations. Understanding your rights is essential to protecting yourself.
Quick Answer
Yes, you can sue your employer for disability discrimination under the ADA and state disability laws. However, you must first file a charge with the EEOC (Equal Employment Opportunity Commission) and obtain a “right to sue” letter before going to court. If you win, you may recover back pay, compensatory damages, and potentially punitive damages, plus attorney fees.
What the ADA Prohibits
The ADA makes it illegal for covered employers to discriminate based on disability in:
- Job applications and hiring
- Firing and layoffs
- Promotions and advancement
- Compensation and benefits
- Job assignments and training
- Any other terms or conditions of employment
Who Is Protected?
Covered Employers
- Private employers with 15 or more employees
- State and local governments (any size)
- Employment agencies
- Labor unions
Note: Many state laws cover smaller employers.
Protected Individuals
You’re protected if you:
- Have a physical or mental impairment that substantially limits a major life activity
- Have a record/history of such an impairment
- Are regarded as having such an impairment
AND you’re qualified—meaning you can perform the essential functions of the job with or without reasonable accommodation.
What Qualifies as a Disability?
| Generally Covered | May Be Covered (Depends on Severity) |
|---|---|
| Blindness, deafness | Chronic back pain |
| Mobility impairments | Migraines |
| Cancer | Asthma |
| Diabetes | Allergies |
| Epilepsy | Carpal tunnel syndrome |
| HIV/AIDS | Obesity (in some circuits) |
| Major depression, PTSD | Anxiety disorders |
| Bipolar disorder | ADHD |
| Autism | Learning disabilities |
Types of Disability Discrimination
Disparate Treatment
Treating you differently because of your disability:
- Not hiring you because of your condition
- Firing you after learning about your disability
- Denying promotion available to non-disabled workers
- Paying you less because of your disability
Failure to Accommodate
Refusing to provide reasonable accommodations that would allow you to perform your job:
- Modified work schedules
- Assistive technology
- Physical workspace modifications
- Modified job duties
- Leave for medical treatment
- Work-from-home options
Harassment
Creating a hostile work environment based on disability:
- Offensive comments about your condition
- Mocking your disability
- Severe or pervasive mistreatment
Retaliation
Punishing you for asserting ADA rights:
- Firing you after requesting accommodations
- Demoting you after filing an EEOC complaint
- Negative treatment after participating in an investigation
Reasonable Accommodations
What Are They?
Changes to the job or workplace that enable a qualified person with a disability to perform essential job functions. Examples:
- Modified work schedules (later start, flexible hours)
- Telework/remote work options
- Physical modifications (ramps, accessible workstations)
- Assistive technology (screen readers, hearing aids)
- Job restructuring (reassigning non-essential tasks)
- Leave for medical treatment
- Transfer to vacant position
- Modified policies (exceptions to attendance policies)
The Interactive Process
When you request accommodation:
- You notify employer of need (can be informal)
- Employer engages in “interactive process” to identify options
- Employer and employee discuss possible accommodations
- Employer provides effective accommodation (not necessarily your preferred one)
When Employers Can Refuse
Employers may deny accommodations if they cause “undue hardship”:
- Significant difficulty or expense
- Fundamentally alters the business
- Poses direct threat to safety
This is evaluated based on employer’s size and resources—what’s undue hardship for a small business may not be for a large corporation.
How to File a Discrimination Claim
Step 1: File with the EEOC
You must file a charge of discrimination before suing:
- Deadline: 180 days from the discriminatory act (300 days if your state has an anti-discrimination agency)
- File online, by mail, or in person at an EEOC office
- State FEPA agencies can cross-file with EEOC
Step 2: EEOC Investigation
- EEOC notifies your employer
- May attempt mediation
- Investigates your claims
- Issues determination
Step 3: Right to Sue Letter
- EEOC issues letter when investigation concludes OR
- You can request letter after 180 days
- You have 90 days from receiving letter to file lawsuit
What You Can Recover
Compensatory Damages
- Back pay and lost benefits
- Front pay (future lost earnings)
- Emotional distress
- Out-of-pocket expenses
Punitive Damages
Available if employer acted with malice or reckless indifference (subject to caps based on employer size).
Caps on Damages
| Employer Size | Cap on Compensatory + Punitive |
|---|---|
| 15-100 employees | $50,000 |
| 101-200 employees | $100,000 |
| 201-500 employees | $200,000 |
| 500+ employees | $300,000 |
Note: Caps don’t apply to back pay. State laws may provide higher caps or no caps.
Other Remedies
- Reinstatement to your job
- Promotion you were denied
- Reasonable accommodation ordered
- Attorney fees and costs
State Disability Discrimination Laws
Many states have stronger protections:
- Cover smaller employers (some cover all employers)
- Broader definition of disability
- Higher or no damage caps
- Different procedures
You may have claims under both federal and state law.
Frequently Asked Questions
Do I have to disclose my disability to my employer?
Generally, no—unless you need an accommodation. If you need workplace modifications, you must provide enough information for your employer to understand you have a disability requiring accommodation. You don’t necessarily need to name your specific condition.
Can my employer ask about my medical conditions?
Limited circumstances only:
- After a job offer, medical exams must be job-related and required of all employees
- When you request accommodation, employer can ask for documentation
- Generally cannot ask about disabilities during interviews
My employer says accommodation is too expensive. What now?
Cost alone doesn’t automatically justify denial. “Undue hardship” considers the employer’s overall resources, not just a single department’s budget. Small companies have more leeway than large corporations. If one accommodation is too expensive, employer should consider alternatives.
I was fired right after requesting accommodation. Is that illegal?
Potentially—this could be retaliation or disability discrimination. Timing alone doesn’t prove discrimination, but firing shortly after a protected request is suspicious and warrants investigation.
My disability makes me slower than other workers. Can I be fired?
You must be able to perform “essential functions” of the job with or without accommodation. If your disability prevents you from meeting legitimate, necessary performance standards even with accommodation, termination may be lawful. But employers cannot set artificially high standards to exclude disabled workers.
When to Contact a Lawyer
Consider consulting a disability discrimination attorney if:
- Your employer denied a reasonable accommodation request
- You were fired, demoted, or passed over because of your disability
- You face harassment related to your disability
- You’re experiencing retaliation for requesting accommodation
- The EEOC filing deadline is approaching
- You’ve received a right to sue letter
- You need help understanding your rights
Many employment attorneys offer free consultations and take discrimination cases on contingency. Because attorney fees are recoverable under the ADA, even cases with modest damages may be viable.
