Disability Discrimination at Work: Your Rights Under the ADA
The Americans with Disabilities Act can protect qualified workers and applicants with disabilities from discrimination at work. It can also require reasonable accommodations when an accommodation would let the worker perform essential job functions and would not create undue hardship for the employer.
Key takeaways
The ADA covers physical and mental disabilities, chronic conditions, and perceived disabilities
Employers must provide reasonable accommodations unless undue hardship
You do not have to disclose your specific diagnosis to request an accommodation
Failing to engage in the interactive process is itself a violation
What the ADA Requires
Title I of the ADA generally applies to employers with 15 or more employees. The law covers discrimination in hiring, firing, pay, job assignments, promotion, training, benefits, and other employment terms. Accommodation requests are fact-specific, and the right answer can depend on the job's essential functions, available alternatives, employer size, and state law.
Examples of Reasonable Accommodations
Modified Work Schedule
Adjusting start and end times, providing additional breaks, or allowing part-time work.
Physical Workspace Changes
Providing ergonomic equipment, adjustable desks, or wheelchair accessibility.
Remote Work Options
Allowing telecommuting when essential functions can be performed remotely.
Job Restructuring
Redistributing non-essential functions or providing additional training time.
Filing a Disability Discrimination Claim
Many ADA employment claims start with an EEOC charge. Federal charge deadlines are often 180 days, or 300 days when a state or local agency enforces a similar law, but claim type and location matter. Potential remedies can include job-related relief, back pay, compensatory damages, accommodations, and attorney fees when supported by the facts and law. Get a free consult with employment lawyers before assuming a deadline or remedy applies.
Official Resources
For primary ADA materials, review EEOC disability-related resources, EEOC reasonable accommodation guidance, and ADA.gov's disability rights guide. This article provides general information, not legal advice; deadlines, coverage, accommodations, and remedies can depend on the facts, employer, job, and jurisdiction.
Frequently Asked Questions
What qualifies as a disability under the ADA?
A physical or mental impairment that substantially limits a major life activity. This includes diabetes, epilepsy, cancer, depression, PTSD, mobility impairments, and many more.
Can my employer ask about my disability during an interview?
No. Before making a job offer, employers cannot ask about disabilities. They can only ask about your ability to perform essential job functions.
What if my employer says the accommodation is too expensive?
The employer must prove undue hardship. Many accommodations cost little or nothing.
Primary Sources
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