What is Disability Discrimination?

Disability discrimination occurs when an employer treats an employee or job applicant unfairly because of a disability, perceived disability, medical condition, or history of disability. The Americans with Disabilities Act is a federal law that protects individuals with disabilities in employment. The Pennsylvania Human Relations Act also provides protections against disability discrimination under state law.

Disability discrimination may include:

• Refusing to hire a qualified person because of a disability
• Denying reasonable accommodations that would allow an employee to perform essential functions of the job
• Cutting hours, pay, benefits, or job duties after an employee discloses a disability
• Harassing an employee because of a physical or mental disability
• Creating or allowing a hostile work environment tied to an employee’s disability
• Retaliating after an employee requests accommodations or files a complaint
• Terminating a disabled employee because accommodations were requested
• Treating chronic pain, mental health conditions, mobility impairments, sensory disabilities, or other medical conditions as a reason to exclude someone from work

The ADA prohibits employers from discriminating against qualified employees and applicants with disabilities. It also requires covered employers to provide reasonable accommodations unless doing so would create an undue hardship.

Your Rights Under the Americans with Disabilities Act

The Americans with Disabilities Act protects employees from disability discrimination in hiring, firing, promotions, job assignments, training, compensation, and other terms of employment. The ADA applies to employers with at least 15 employees. The Rehabilitation Act may also apply in certain employment situations involving federal agencies, federal contractors, or federally funded programs.

As an employee or applicant with a disability, you may have the right to:

• Request reasonable accommodations during the application process or while employed
• Be evaluated based on your ability to perform the essential functions of the job
• Receive equal treatment in pay, benefits, promotions, discipline, and job opportunities
• Be free from harassment or a hostile work environment based on disability
• File a discrimination complaint without retaliation
• Seek legal remedies if an employer fires, demotes, disciplines, or refuses to accommodate you because of a disability

An employer does not have to provide the exact accommodation requested in every situation. However, the employer must participate in an interactive process and consider effective accommodations that allow the employee to perform the job.

Understanding Reasonable Accommodations

Reasonable accommodations are changes or adjustments that help a qualified employee or applicant perform job duties or access equal employment opportunities. These accommodations depend on the person’s disability, the workplace, and the role’s essential functions.

Examples of reasonable accommodations may include:

• A modified work schedule
• Remote work or hybrid work when appropriate for the role
• Medical leave or intermittent leave
• Changes to nonessential job duties
• Assistive technology or equipment
• Wheelchair ramps or other physical changes to the workplace
• Modified training materials or communication methods
• Reassignment to a vacant position when no other accommodation is effective

Many accommodations are simple and low-cost. According to the Job Accommodation Network, 58% of workplace accommodations cost employers nothing to implement. Even when an accommodation has a cost, that does not automatically mean the employer can deny it.

An employer may argue that a requested accommodation creates an undue hardship. That defense depends on the facts, including the employer’s size, resources, operations, and the nature of the requested accommodation. If your employer refuses to discuss accommodations, ignores medical documentation, or denies your request without a meaningful explanation, an attorney can help you understand whether the denial may be illegal.

What to Do If You Suspect Disability Discrimination

If you believe you have been discriminated against at work because of a disability, take action as soon as possible. Deadlines can be short, and waiting may limit your options.

Steps to consider include:

1. Document what happened. Keep notes about discriminatory comments, denied accommodations, schedule changes, discipline, termination, or retaliation.
2. Save important records. Preserve emails, text messages, medical notes, performance reviews, accommodation requests, and employer responses.
3. Report the issue internally. Depending on your workplace, this may mean contacting Human Resources, a supervisor, or another designated person.
4. Seek legal guidance. An employment attorney can evaluate whether the facts support a disability discrimination claim.
5. File with the appropriate agency. Many disability discrimination claims require filing a charge or complaint with the EEOC, PHRC, or another agency before a lawsuit can proceed.

In many cases, employees must file a discrimination charge within 180 days of the incident. Some claims may have longer deadlines, but federal employees must often act even faster. Because deadlines vary, it is important to get advice quickly.

How We Can Help

Wusinich, Sweeney & Ryan represents employees in disability discrimination and reasonable accommodations claims, including cases involving:

• Denied reasonable accommodations
• Retaliation after requesting accommodations
• Wrongful termination related to disability
• Failure to engage in the interactive process
• Disability-based harassment or hostile work environment
• Discrimination against job applicants
• Lost wages and other employment-related damages
• Claims involving the ADA, Pennsylvania Human Relations Act, and related employment laws

Our attorneys can evaluate your claim, communicate with your employer, prepare agency filings, negotiate accommodations, and pursue litigation when necessary. We also explain the practical risks and responsibilities involved so you can make informed decisions about your job, your health, and your financial future.

How Much Does It Cost to Sue for Disability Discrimination?

The cost of bringing a disability discrimination claim depends on the facts, the stage of the case, and the type of representation needed. In some employment cases, attorney fees may be recoverable if the employee succeeds. During a free initial consultation, we can discuss your situation, the legal process, and potential fee arrangements.

Every case is different. Some claims can be resolved through negotiation or agency proceedings. Others require litigation in court. The most important first step is to understand whether your facts support a legal claim and which deadlines apply.