If your employer denied your disability accommodation request, fired you after learning about your medical condition, disciplined you for disability-related absences, or treated you differently because of a physical or mental disability, you may be wondering what to do next.
One option may be filing a disability discrimination complaint with the Equal Employment Opportunity Commission, the Pennsylvania Human Relations Commission, or both.
But before you file, it is important to understand what the complaint process does, what deadlines may apply, and why the way you describe your claim matters. Disability discrimination cases often involve more than one issue. A denied accommodation may also involve retaliation. A termination may also involve failure to accommodate. A hostile work environment may also involve disability harassment or interference with your rights.
At Wusinich, Sweeney & Ryan, LLC, our Pennsylvania employment attorneys represent workers in disability discrimination, retaliation, and workplace accommodation matters. If you are considering filing an ADA or disability discrimination complaint, legal guidance can help you protect your rights from the beginning.
Where Do You File a Disability Discrimination Complaint in Pennsylvania?
Pennsylvania employees may have options through the Equal Employment Opportunity Commission (EEOC) and the Pennsylvania Human Relations Commission (PHRC).
The EEOC is the federal agency that handles workplace discrimination claims under federal laws, including the Americans with Disabilities Act. The PHRC is the Pennsylvania agency that handles discrimination claims under state law, including the Pennsylvania Human Relations Act.
Depending on your employer, location, facts, and claims, your complaint may be filed with one agency or may be dual-filed with both. You do not have to figure this out alone. An employment attorney can help determine where your claim should be filed and what facts need to be included.
What Types of Disability Discrimination Can You Report?
A disability discrimination complaint may involve many different workplace problems.
Examples may include:
- Denial of a reasonable accommodation
- Failure to engage in the interactive process
- Termination after requesting an accommodation
- Discipline after disclosing a disability
- Retaliation for asserting ADA rights
- Harassment because of a disability
- Demotion or reduced hours after medical restrictions
- Refusal to consider medical leave as an accommodation
- Denial of remote work, modified schedule, or other workplace adjustments
- Unequal treatment because of a medical condition
- Discrimination against a job applicant with a disability
- Pressure to resign after requesting accommodations
- Failure to reinstate an employee after disability-related leave
The complaint should not simply say, “My employer discriminated against me.” It should explain what happened, when it happened, who was involved, what accommodation was requested, how the employer responded, and what harm resulted.
How Long Do You Have to File a Disability Discrimination Complaint?
Deadlines are one of the most important parts of a disability discrimination case.
In Pennsylvania, PHRC complaints generally must be filed within 180 days of the alleged discrimination. EEOC deadlines are also time-sensitive. In general, an EEOC charge must be filed within 180 days, although that deadline may be extended to 300 days in some cases when a state or local agency enforces a law prohibiting the same type of discrimination.
Do not assume you have extra time. The safest approach is to speak with an employment attorney as soon as possible after the discrimination, denial, discipline, termination, or retaliation occurs.
Important dates may include:
- The date your accommodation request was denied
- The date HR stopped responding
- The date you were disciplined
- The date your hours or duties changed
- The date you were fired
- The date you were forced onto unpaid leave
- The date you learned your employer refused to reinstate you
- The date retaliatory treatment began
If the discrimination occurred more than once or there was a continuing pattern, an attorney can help evaluate which deadlines may apply.
Should You Talk to a Lawyer Before Filing With the EEOC or PHRC?
In many cases, yes.
You are allowed to start the EEOC or PHRC process on your own. But disability discrimination claims can be fact-specific, and an incomplete complaint may create problems later. If important facts or legal issues are left out, it may affect how the claim is investigated or what claims can be pursued.
A lawyer can help you identify whether your situation involves:
- Disability discrimination
- Failure to accommodate
- Failure to engage in the interactive process
- Retaliation
- Wrongful termination
- Harassment or hostile work environment
- FMLA interference or retaliation
- Wage loss
- Benefits loss
- Emotional harm
- Pattern-based discrimination affecting other employees
An attorney can also help you avoid wording that understates what happened. For example, an employee might say, “I had attendance problems,” when the more accurate issue is that the employer disciplined the employee for disability-related absences after refusing to consider medical leave or a modified schedule.
The details matter.
What Information Should You Gather Before Filing?
Before filing a disability discrimination complaint, gather as much relevant information as you can safely access.
Useful records may include:
- Your accommodation request
- Emails or text messages with HR or supervisors
- Medical documentation provided to the employer
- The employer’s written response or denial
- Performance reviews
- Disciplinary notices
- Attendance records
- Schedules
- Pay records
- Job descriptions
- Employee handbook policies
- Leave paperwork
- Return-to-work notes
- Witness names
- Notes about conversations
- Termination paperwork
- Severance agreements or releases
Do not take confidential employer documents or access systems you are not authorized to use. Preserve your own records and speak with a lawyer if you are unsure what you can use.
What Should You Include in a Disability Discrimination Complaint?
A strong complaint should be clear, factual, and complete. It should explain the timeline and connect the employer’s conduct to your disability, accommodation request, medical condition, or protected activity.
Your complaint may need to address:
- Your job title and work location
- Your employer’s name and address
- Your disability or medical condition, when relevant
- The accommodation you requested
- When you requested it
- Who received the request
- Whether you provided medical documentation
- How the employer responded
- Whether the employer discussed alternatives
- Whether you were disciplined, demoted, fired, or treated differently
- Comments made by supervisors or HR
- Whether coworkers were treated differently
- The harm you suffered, such as lost wages, lost benefits, emotional distress, or job loss
The complaint does not need to read like a lawsuit, but it should accurately tell the story. If retaliation occurred after your accommodation request, that should be included. If you were fired after filing a complaint or asking for help, that should be included as well.
What Happens After You File With the EEOC or PHRC?
The exact process depends on the agency and the facts of the case. Generally, after a complaint or charge is filed, the employer is notified and given an opportunity to respond.
The process may involve:
- Intake review
- Agency acceptance or drafting of the complaint
- Notice to the employer
- Employer position statement or response
- Mediation or settlement discussions
- Investigation
- Requests for documents or information
- Findings or dismissal
- Right-to-sue notice in certain cases
Some cases resolve during the agency process. Others require further legal action. An attorney can help you respond to employer statements, prepare evidence, evaluate settlement offers, and understand when a lawsuit may be appropriate.
Can Your Employer Retaliate After You File a Complaint?
An employer should not retaliate against you for filing a disability discrimination complaint, participating in an investigation, opposing disability discrimination, or requesting reasonable accommodations.
Retaliation may include:
- Termination
- Demotion
- Reduced hours
- Worse shifts
- Discipline
- Harassment
- Threats
- Negative reviews
- Exclusion from opportunities
- Pressure to withdraw the complaint
- Refusal to communicate about accommodations
- Changes in job duties or schedule
If your employer starts treating you differently after you file a complaint or assert your rights, document what changed and when. Retaliation may become an additional claim.
What If You Are Still Employed?
If you are still employed, you may feel nervous about filing a complaint. That is understandable. Filing a formal complaint can change the dynamic at work, especially if your supervisor or HR department has already been dismissive or hostile.
Before filing, consider speaking with an attorney about:
- Whether to submit another written accommodation request
- How to communicate with HR
- Whether to continue working under protest
- What to document
- Whether retaliation has already occurred
- Whether filing now is strategically appropriate
- What deadlines apply
- How to preserve your job and legal claims
You do not have to wait until you are fired to get legal advice. In many cases, the earlier you speak with a lawyer, the more options you may have.
What If You Were Already Fired?
If you were fired after requesting accommodations, disclosing a disability, taking medical leave, or filing a complaint, act quickly.
Save any documents related to your termination, including:
- Termination letters
- Final paycheck information
- Severance agreements
- Emails or texts about the termination
- Performance reviews
- Prior disciplinary records
- Accommodation requests
- Medical documentation
- Leave paperwork
- Notes about what was said during the termination meeting
Do not sign a severance agreement or release without legal advice. These agreements may affect your ability to bring a claim or recover damages.
Should You File With the EEOC, PHRC, or Both?
The right filing strategy depends on the facts.
The EEOC handles federal employment discrimination claims, including ADA claims. The PHRC handles Pennsylvania employment discrimination claims under state law. Pennsylvania law may apply to some employers that are too small for federal ADA coverage, depending on the facts.
Because the choice of filing can affect deadlines, claims, remedies, and the path to litigation, it is wise to speak with a Pennsylvania employment attorney before deciding where and how to file.
What Mistakes Should Employees Avoid?
If you are preparing to file a disability discrimination complaint, avoid these common mistakes:
- Waiting too long
- Leaving out retaliation
- Failing to mention the accommodation request
- Describing disability-related absences as ordinary attendance issues
- Forgetting key dates
- Not identifying witnesses
- Leaving out termination, demotion, reduced hours, or lost pay
- Giving the employer’s explanation without explaining why it may be false or incomplete
- Posting about the claim online
- Signing a release before speaking with a lawyer
- Quitting without legal advice
- Taking confidential employer documents
A complaint does not have to be perfect, but it should be complete enough to preserve the important issues.
When Should You Contact a Disability Discrimination Attorney?
You should consider contacting an attorney before filing if:
- Your accommodation request was denied
- HR ignored your request
- You were fired after disclosing a disability
- You were disciplined after requesting accommodations
- Your employer forced you onto unpaid leave
- You were denied medical leave or a return-to-work accommodation
- You were pressured to resign
- Your employer is asking you to sign a severance agreement
- You are unsure whether to file with the EEOC or PHRC
- You are close to a filing deadline
- You are worried about retaliation
A disability discrimination attorney can help you understand the process, identify the strongest claims, and protect your rights.
Talk to Wusinich, Sweeney & Ryan Before Filing an ADA or Disability Discrimination Complaint
If you believe your employer discriminated against you because of a disability, denied reasonable accommodations, or retaliated after you asserted your rights, Wusinich, Sweeney & Ryan, LLC can help.
Our Pennsylvania employment attorneys represent workers in disability discrimination, workplace accommodation, retaliation, medical leave, and termination claims. We help employees evaluate whether their employer violated the Americans with Disabilities Act, the Pennsylvania Human Relations Act, or other employment laws.
If you are considering filing an EEOC or PHRC complaint for disability discrimination in Pennsylvania, contact Wusinich, Sweeney & Ryan, LLC to schedule a free consultation.
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