Understanding Disability Discrimination in the Workplace

Federal Protections

• Americans with Disabilities Act (ADA)
  The ADA prohibits discrimination against qualified individuals with disabilities in all aspects of employment. It applies to private employers with 15 or more employees, as well as state and local government employers.
• Rehabilitation Act of 1973
  Applies to federal agencies, federal contractors, and recipients of federal financial assistance. It requires nondiscrimination and reasonable accommodations for qualified individuals with disabilities.
• State Laws
  Many states provide additional protections, sometimes covering smaller employers, offering broader definitions of disability, or allowing additional remedies beyond those available under federal law.

• Refusing to hire an otherwise qualified applicant because of a disability.
• Terminating an employee after learning about a medical condition.
• Failing to provide reasonable accommodations, such as modified schedules, assistive technology, or accessible workspaces.
• Harassing employees with disabilities through offensive comments or treatment.
• Demoting or reassigning employees because of disability-related assumptions.

Employers must provide reasonable accommodations to qualified individuals with disabilities unless it would create an undue hardship. Examples include:

• Adjusting work schedules or granting leave for medical appointments.
• Modifying equipment or devices.
• Providing interpreters or readers.
• Making facilities accessible.
• Reassigning to a vacant position.

Evidence may include:

• Statements or documents showing discriminatory intent.
• Disparate treatment compared to employees without disabilities.
• Denial of reasonable accommodation requests without legitimate justification.
• Performance review changes following disclosure of a disability.
• Retaliatory actions after requesting accommodations or filing a complaint.

Federal and state laws protect individuals from retaliation for:

• Requesting a reasonable accommodation.
• Filing an EEOC charge or state agency complaint.
• Participating in a workplace investigation.
• Opposing discriminatory practices.

Potential remedies may include:

• Hiring, reinstatement, or promotion.
• Back pay and lost benefits.
• Compensatory damages for emotional distress.
• Punitive damages against private employers who demonstrate malice or reckless indifference. Not available against government employers.
• Attorneys’ fees and litigation costs.

Miller Shah LLP is prepared to evaluate and pursue disability discrimination matters for individuals who have experienced unlawful treatment in the workplace. The firm’s attorneys assess potential claims under federal and state laws, advise on available remedies, and advocate to protect the rights of employees with disabilities.