Disability Discrimination Attorneys
Experienced legal representation for disability discrimination matters across all 50 states.
About Disability Discrimination
Disability discrimination in employment occurs when an employer treats a qualified individual with a disability less favorably because of the disability, or fails to provide reasonable accommodations that would allow the individual to perform the essential functions of the job. The Americans with Disabilities Act (ADA), enacted in 1990 and significantly amended by the ADA Amendments Act (ADAAA) of 2008, is the primary federal law prohibiting disability discrimination by private employers with 15 or more employees. Section 503 of the Rehabilitation Act covers federal contractors, and Section 501 covers federal government employees.
The ADAAA broadened the definition of disability to include any 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. Major life activities include walking, seeing, hearing, speaking, breathing, learning, concentrating, communicating, and working, as well as the operation of major bodily functions. This expanded definition was intended to shift the focus from whether an individual meets the definition of disability to whether discrimination occurred.
A central feature of the ADA is the requirement that employers provide reasonable accommodations to qualified individuals with disabilities, unless doing so would cause undue hardship. Reasonable accommodations can include modifications to the work environment, adjusted work schedules, reassignment to vacant positions, provision of assistive technology, job restructuring, and modification of policies. The interactive process, a good-faith dialogue between the employer and employee to identify effective accommodations, is a key legal requirement. Failure to engage in the interactive process or provide reasonable accommodations is itself a form of disability discrimination.
Why You Need a Disability Discrimination Attorney
Approximately 67 million Americans live with some form of disability, and the labor force participation rate for people with disabilities remains significantly lower than for those without disabilities. Disability discrimination contributes to high unemployment rates, poverty, and social isolation among people with disabilities, despite the fact that many individuals with disabilities are fully capable of performing the essential functions of a wide range of jobs with or without accommodations. The ADA represents a commitment to ensuring that people with disabilities have equal access to employment opportunities and can participate fully in economic life.
Effective enforcement of disability discrimination laws benefits employers as well. Accommodations are typically low-cost, and employees with disabilities demonstrate high levels of loyalty, dedication, and job performance. Organizations that embrace disability inclusion access a broader talent pool, reduce turnover, and benefit from diverse perspectives that drive innovation.
Common Disability Discrimination Cases
Failure to Provide Reasonable Accommodations
Employers refusing to provide accommodations such as modified schedules, assistive technology, ergonomic equipment, telework arrangements, or reassignment to vacant positions that would enable a qualified employee with a disability to perform essential job functions.
Termination Based on Disability
Firing an employee because of a disability or medical condition, often disguised as a performance-based termination shortly after the employer learns of the disability or after the employee requests accommodations.
Failure to Engage in the Interactive Process
Employers who refuse to participate in the legally required interactive process to identify reasonable accommodations, ignore accommodation requests, or summarily deny accommodations without exploring alternatives.
Disability Harassment
Creating a hostile work environment through offensive comments, mockery, or derogatory remarks about an employees disability, physical limitations, or medical conditions. Severe or pervasive harassment that alters employment conditions is actionable.
Pre-Employment Medical Inquiries
Employers asking disability-related questions or requiring medical examinations before making a conditional job offer, which is prohibited under the ADA. Post-offer medical inquiries must be job-related and consistent with business necessity.
Retaliation for Requesting Accommodations
Adverse actions taken against employees who request reasonable accommodations, file disability discrimination complaints, or participate in disability-related investigations or proceedings.
Regarded-As Disability Discrimination
Adverse employment actions based on an employers perception that an employee has a disability, even if the employee does not actually have one or the condition does not substantially limit a major life activity.
Typical Disability Discrimination Case Timeline
Accommodation Request and Documentation
1-4 weeksIf you have not already, submit a written accommodation request to your employer. Document all communications about your disability, accommodation requests, and the employers response. Gather medical documentation supporting your need for accommodation.
Consultation and Case Assessment
1-2 weeksAn attorney evaluates whether the employer violated the ADA by failing to accommodate, discriminating, or retaliating. The attorney reviews your medical records, employment documents, and the accommodation timeline.
EEOC Charge Filing
1-2 monthsA charge of disability discrimination is filed with the EEOC within 180 or 300 days of the discriminatory act. The EEOC may offer mediation before investigating.
Investigation and Resolution
3-12 monthsThe EEOC investigates the charge, requests information from the employer, and may attempt conciliation. If not resolved, the EEOC issues a right-to-sue letter.
Litigation
8-18 monthsA lawsuit is filed in federal court. Discovery focuses on the interactive process, the employers consideration of accommodations, comparator treatment, and the relationship between the employees disability and the adverse action.
Settlement or Trial
1-3 weeks for trialMost disability discrimination cases settle through negotiation or mediation. Cases that proceed to trial involve testimony about the employees qualifications, the accommodation process, and the employers stated reasons for its actions.
Know Your Rights
- The ADA protects qualified individuals with disabilities from discrimination in hiring, firing, promotion, compensation, training, and all other employment practices.
- You have the right to request reasonable accommodations from your employer, and your employer must engage in an interactive process to identify effective accommodations unless they would cause undue hardship.
- Your employer cannot ask about your disability or require medical examinations before making a conditional job offer. Post-offer inquiries must be job-related and applied to all employees in the same job category.
- You cannot be retaliated against for requesting accommodations, filing a disability discrimination charge, or participating in a disability discrimination investigation.
- Medical information provided to your employer must be kept confidential and stored separately from your general personnel file, with limited exceptions.
- Under the "regarded as" prong of the ADA, you are protected even if you do not actually have a disability but your employer treats you as if you do.
- The ADAAA expanded the definition of disability to be interpreted broadly, covering episodic conditions and conditions in remission if they would substantially limit a major life activity when active.
What to Look for in a Disability Discrimination Attorney
When selecting a disability discrimination attorney, look for experience specifically with ADA claims, including the interactive accommodation process, reasonable accommodation analysis, and the expanded definition of disability under the ADAAA. The attorney should understand the medical and functional aspects of your disability and how they relate to your job requirements. Ask about their experience handling both accommodation-focused cases and traditional discrimination claims. Familiarity with assistive technology and workplace modification options is valuable for building a case that a reasonable accommodation was available. Evaluate their experience with EEOC proceedings and federal court litigation. Consider whether the attorney has handled cases involving your specific type of disability, as the legal analysis can differ depending on whether the disability is physical, mental, chronic, episodic, or invisible.
Questions to Ask Your Disability Discrimination Attorney
- 1Does my condition qualify as a disability under the ADA and the ADAAA's expanded definition?
- 2Did my employer properly engage in the interactive process when I requested accommodations?
- 3Were the accommodations I requested reasonable, and did my employer have a legitimate basis for denying them?
- 4Is there evidence that my employer treated me differently because of my disability rather than for legitimate performance reasons?
- 5What medical documentation do I need to support my claim, and will I need to undergo an independent medical examination?
- 6Should I file under the federal ADA, state disability discrimination law, or both?
- 7What is the potential value of my case, considering the damage caps under the ADA?
Understanding Disability Discrimination Legal Costs
Disability discrimination attorneys frequently work on contingency, collecting 33% to 40% of any recovery. The ADA provides for recovery of attorney fees by prevailing plaintiffs, making contingency arrangements feasible. Compensatory and punitive damages under the ADA are capped based on employer size (from $50,000 for employers with 15-100 employees to $300,000 for employers with 500+ employees), though back pay and front pay are not subject to caps. Expert witness costs for medical testimony and vocational rehabilitation analysis can be significant. Some attorneys charge hourly rates ($250-$500 per hour) or use hybrid fee arrangements. Initial consultations are typically free, and many attorneys advance litigation costs.
Key Legal Terms
Video Resources
These videos are provided for informational purposes only. The attorneys and organizations featured are not affiliated with or endorsed by Northwind Law.
ADA Reasonable Accommodations Explained
Job Accommodation Network
Disability Discrimination in the Workplace: Your Rights Under the ADA
LawByMike
Understanding the Americans with Disabilities Act
U.S. Equal Employment Opportunity Commission
Frequently Asked Questions About Disability Discrimination
Citations & Sources
- [1]The Americans with Disabilities Act prohibits discrimination against qualified individuals with disabilities in all aspects of employment. — U.S. Equal Employment Opportunity Commission
- [2]In FY 2023, the EEOC received 25,065 charges alleging disability discrimination under the ADA, representing 30.9% of all charges. — EEOC Charge Statistics
- [3]The Job Accommodation Network reports that the majority of workplace accommodations cost $500 or less, and many cost nothing at all. — Job Accommodation Network (JAN)
- [4]The ADA Amendments Act of 2008 significantly broadened the definition of disability, directing that it be construed in favor of broad coverage. — Public Law 110-325, ADA Amendments Act of 2008
- [5]In 2023, only 22.5% of persons with a disability were employed, compared with 65.8% of persons without a disability. — Bureau of Labor Statistics
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