Disability Discrimination Attorney

To prove disability discrimination, you must show that: (1) you have a qualifying disability; (2) you were qualified to perform your job’s essential duties with or without reasonable accommodation; (3) your employer took adverse action against you (like demotion, termination, or denial of benefits); and (4) the adverse action occurred because of your disability.

Evidence may include emails, performance reviews, witness statements, or inconsistencies in the employer’s explanation. You can also show that similarly situated employees without disabilities were treated more favorably.

The value of a disability discrimination lawsuit varies depending on several factors, including lost wages, emotional distress, medical costs, and whether punitive damages apply. Settlements may range from a few thousand to several hundred thousand dollars, depending on the severity of harm and the employer’s conduct. Federal law caps certain damages (under the ADA) based on employer size, while some state laws have no limits. Strong evidence of intentional discrimination or retaliation can significantly increase compensation.

Yes. Under the Americans with Disabilities Act (ADA) and similar state laws, employers must provide reasonable accommodations to qualified employees with disabilities, unless doing so would cause undue hardship. Accommodations may include modified schedules, assistive technology, job restructuring, or remote work options. Employees must generally request accommodations and engage in an interactive process with the employer to identify effective solutions. Employers can deny a request only if it imposes significant difficulty or expense relative to their resources.

If your employer refuses to provide reasonable accommodations, start by documenting your request and the employer’s response. Ask for written clarification of their decision and reasons. Attempt to continue the interactive process to explore alternative accommodations. If the refusal persists, you can file a complaint with the Equal Employment Opportunity Commission (EEOC) or your state’s fair employment agency. Maintain all communications, medical documentation, and notes from relevant meetings.

No. It is illegal for employers to fire or otherwise discriminate against an employee because of a disability. You are protected under the Americans with Disabilities Act (ADA) and related state laws, provided you can perform essential job functions with or without reasonable accommodation. However, employers may lawfully terminate employees for legitimate, non-discriminatory reasons — such as performance issues unrelated to the disability.

To file a disability discrimination claim, you typically start with the Equal Employment Opportunity Commission (EEOC) or your state’s fair employment agency. Complaints usually must be filed within 180 to 300 days of the discriminatory act. The EEOC will investigate, may mediate, or issue a “Right to Sue” letter, allowing you to file a lawsuit in federal court. When filing, provide detailed evidence — dates, witnesses, documents, and any communications related to discrimination or accommodation denial.

In a disability discrimination lawsuit, you may recover several types of damages, including back pay (lost wages), front pay (future lost earnings), emotional distress damages, and compensation for out-of-pocket expenses such as medical or job search costs. Courts may also award punitive damages in cases involving willful or malicious conduct. Attorney’s fees and court costs can sometimes be recovered as well. Under federal law, there are caps on certain damages based on employer size, though state laws may provide additional remedies.

Yes. Mental health conditions can qualify as disabilities under the Americans with Disabilities Act (ADA) and related state laws if they substantially limit one or more major life activities, such as concentrating, communicating, or working. Common examples of a mental disability include depression, anxiety disorders, PTSD, and bipolar disorder. Employees are entitled to reasonable accommodations — such as flexible scheduling, telework, or adjustments to a quiet workspace — if requested. Employers must engage in an interactive process to determine suitable accommodations without causing undue hardship.

No. Retaliation for requesting or using disability accommodations is prohibited under the Americans with Disabilities Act (ADA) and related laws. Protected activities include requesting accommodations, filing complaints, or participating in investigations. Retaliation can take many forms related to workplace discrimination —termination, demotion, negative reviews, or reduced hours. To prove retaliation, you must show that you engaged in protected activity, the employer took adverse action, and there’s a causal connection between the two.

Yes. Denying or failing to provide medical leave can constitute disability discrimination if the leave is a reasonable accommodation under the Americans with Disabilities Act (ADA). While the Family and Medical Leave Act (FMLA) separately grants eligible employees up to 12 weeks of job-protected leave, the ADA may require additional leave if it enables an employee to perform essential job functions upon return.