Disability discrimination and accommodation disputes are among the most common workplace claims in the United States — and federal and state laws generally make it illegal for an employer to treat you worse because of a disability or to refuse a reasonable accommodation without good cause. If you were fired, passed over, harassed, or denied an accommodation tied to a physical or mental condition, the law may be on your side.
Figuring out whether what happened to you crosses from "unfair" into "illegal" can be hard to do on your own. The rules depend on your employer's size, your state, and the specific facts. A disability discrimination lawyer can review your situation, explain what applies, and help you act before any deadlines pass.
WorkRights Legal is not a law firm and does not give legal advice. We connect workers with independent, licensed employment attorneys in your area who handle disability and accommodation cases — at no cost to get started.
What does the law say about disability discrimination at work?
The main federal law is the Americans with Disabilities Act (ADA), which generally prohibits employers with 15 or more employees from discriminating against qualified workers because of a disability. Section 501 of the Rehabilitation Act covers federal employees. Many states and cities have their own laws that may apply to smaller employers or offer broader protections.
Under these laws, an employer generally cannot do the following 5 things because of a disability:
- Refuse to hire, promote, or assign work to you
- Fire or demote you
- Pay you less or cut your benefits
- Harass you or allow a hostile work environment based on your condition
- Deny a reasonable accommodation without an undue-hardship justification
A "disability" under the ADA is broadly defined and can include chronic illnesses, mental health conditions, mobility impairments, autoimmune disorders, and many other conditions. An employment attorney can confirm whether your specific condition qualifies.
What is a reasonable accommodation, and can my employer refuse one?
A reasonable accommodation is a change to the job or workplace that lets you perform your essential duties despite a disability. Common examples include modified schedules, ergonomic equipment, remote-work arrangements, reassignment to a vacant position, or extra breaks for medical needs.
Employers are required to engage in what the law calls an "interactive process" — a good-faith back-and-forth conversation to identify an accommodation that works. They can deny a request only if they can show it would cause an "undue hardship," meaning significant difficulty or expense relative to the employer's size and resources.
If your employer ignored your request, refused to discuss alternatives, or punished you for asking, that behavior may violate the law. An employment attorney can evaluate what happened and advise you on next steps.
How do I know if what happened to me is actually illegal?
Not every bad experience at work is a legal violation, but certain patterns often signal illegal disability discrimination. Consider whether any of these 4 situations sound familiar:
- You disclosed a medical condition or requested an accommodation, and shortly after you were written up, demoted, or let go.
- Your employer asked intrusive medical questions or required a medical exam that was not job-related.
- Co-workers or managers made repeated negative comments about your condition, and the company did nothing when you reported it.
- You were told you "can't do the job" without any discussion of accommodations.
Timing, documented comments, and how your employer treated non-disabled employees in similar roles all matter. A disability discrimination lawyer can look at the full picture and tell you whether you may have a viable claim.
What does a worker typically have to show in a disability claim?
While every case is different, most disability discrimination claims require showing 3 general elements:
- You have a qualifying disability (or your employer perceived you as having one).
- You were qualified for your job — meaning you could perform the essential functions with or without a reasonable accommodation.
- Your employer took an adverse action (firing, demotion, denial of accommodation, harassment) because of or connected to your disability.
Direct evidence like emails, text messages, or recorded statements can strengthen a claim. So can circumstantial evidence — for example, being replaced by someone without a disability shortly after you requested leave for surgery. An attorney can help you identify and organize the proof that matters most.
Are there deadlines I need to worry about?
Yes — and missing a deadline can mean losing your right to bring a claim entirely. Under federal law, you generally must file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) before you can file a lawsuit. The deadline to file that charge is often 180 days from the discriminatory act, though it extends to 300 days in states that have their own fair-employment agency.
State and local laws may have separate deadlines that are shorter or longer. Some states allow you to go directly to court without filing an agency charge first. Because these timelines vary, talking to a disability discrimination lawyer early — even if you are still employed — is one of the most protective steps you can take.
What evidence should I keep?
Documentation can make or break a disability claim. If you are still working and something feels wrong, quietly preserving records now is often the single most helpful thing you can do. Consider saving these 5 types of evidence:
- Written accommodation requests and any employer responses (emails, letters, chat messages)
- Performance reviews — especially positive ones before and negative ones after a disclosure or request
- Notes of conversations with dates, times, who was present, and what was said
- Medical records or doctor's notes that support the accommodation you need
- Pay stubs, offer letters, or policy documents that show changes in your terms of employment
Do not use your employer's devices or systems to copy confidential company information — an attorney can advise you on what is safe to collect and how to do it.
Why does having a disability discrimination lawyer matter?
An experienced employment attorney understands which laws apply to your employer and your situation — including state-specific protections that may go beyond the ADA. They can handle EEOC filings, negotiate with your employer, and represent you in court or in settlement discussions if it comes to that.
Many disability discrimination lawyers work on a contingency basis, meaning they only get paid if you recover compensation. That said, fee arrangements vary, so it is worth asking about costs in your first conversation.
Filing a charge or a lawsuit on your own is technically possible, but employers almost always have lawyers on their side. Having your own attorney helps level the playing field and protects you from procedural mistakes that can undermine an otherwise strong claim.
Frequently asked questions about disability discrimination claims
Below are quick answers to questions workers commonly ask. For advice specific to your situation, speak with a licensed employment attorney.
Can I file a claim if I was never officially diagnosed?
In some cases, yes. The ADA also protects workers an employer perceives as having a disability, even without a formal diagnosis. An attorney can review your facts.
Does my employer have to give me the exact accommodation I ask for?
Not necessarily. The employer must engage in the interactive process and may offer an alternative accommodation that is equally effective. Refusing to discuss options at all may violate the law.
Can I be fired while on medical leave?
Being on leave does not automatically protect you from termination, but firing you because of your disability or leave request may be illegal. Timing and the employer's stated reason matter — a lawyer can assess this.
What if my employer says my condition is not a "real" disability?
The ADA defines disability broadly. Many conditions employers dismiss — anxiety, PTSD, diabetes, chronic pain — often qualify under federal or state law. An attorney can confirm whether your condition is covered.
If you believe you have been discriminated against or denied an accommodation because of a disability, you do not have to figure this out alone. WorkRights Legal connects you with a local, independent employment attorney who handles disability and accommodation cases. Request a free case review to learn what options may be available in your situation.