Every person deserves a fair shot at success, and that includes people with disabilities. When you show up to work, your focus should be on doing your job well, not on struggling through unnecessary barriers, which is where disability accommodations come in. These are adjustments that help you perform your job effectively, whether that means modified equipment, adjusted work hours, or physical changes to your workspace. Employers covered by laws protecting those with disabilities are required to provide these accommodations unless doing so would cause undue hardship.
Unfortunately, not every employer follows the law. If you ask for an accommodation and are denied, or if you’re treated differently because of your request, you may be dealing with workplace discrimination. And if that happens, you have the legal right to take action. The process starts with filing a discrimination claim, often referred to as a charge, with the right agency. Knowing how to do that, and what happens next is essential if you want to stand up for yourself and others in your situation.
What Qualifies as Disability Discrimination
Disability discrimination happens when an employer treats you unfairly because of your condition, which could include refusing to provide a reasonable accommodation that would help you do your job, making offensive remarks about your disability, excluding you from meetings or projects, or even firing you after you reveal your condition.
It’s not just about overt or aggressive behavior. Subtle actions can also cross the line. For example, suppose your employer delays your accommodation request for weeks with no explanation, or keeps pushing back despite having enough information. In that case, that may be considered a failure to engage in the interactive process. That process, which is required under the ADA, involves a conversation between the employee and the employer to figure out an effective and reasonable solution together.
Retaliation is another red flag. If you experience negative consequences like demotion, loss of work hours, or isolation after you request an accommodation or report a concern, that’s also a form of discrimination. Your rights don’t stop after the initial request; they include protection from backlash as well.
Who Can File a Disability Discrimination Claim
You can file a disability discrimination claim if you are an employee, job applicant, or even a former employee who was affected by discrimination because of a disability. Your condition does not need to be visible or widely known. Chronic illnesses, mental health conditions, and learning disabilities can also qualify as long as they substantially limit a major life activity and you are otherwise qualified to perform the essential functions of the job with or without reasonable accommodations.
How to File with the Equal Employment Opportunity Commission (EEOC)
If the internal route leads nowhere, your next step is to file a charge with the EEOC, which is the federal agency responsible for enforcing the ADA in private workplaces and state and local governments. To begin, you must file your claim within 180 calendar days from the date the discrimination occurred. That deadline may extend to 300 days if your state or local agency also enforces a disability discrimination law.
You can file your charge online through the EEOC’s Public Portal, in person at a local EEOC office, or by mail. The online system lets you start with an inquiry, which then leads to an interview and eventually to filing the official charge. It’s not just a formality either. The EEOC will review your situation, may launch an investigation, and can sometimes help both sides settle through mediation.
What Happens After You File
Once your claim is submitted, the EEOC will notify your employer and begin the next phase. That may involve requesting more information from both parties, conducting interviews, or attempting to mediate a resolution. Mediation is optional but can sometimes result in a quicker outcome, like an agreement to provide the accommodation, back pay, or job reinstatement.
If mediation doesn’t work or isn’t offered, the EEOC will investigate the charge. This part can take several months, depending on the complexity of the case and the agency’s caseload. If they find that discrimination likely occurred, they may attempt to resolve the situation with your employer directly. If that fails, or if they don’t find sufficient evidence, they will issue a Notice of Right to Sue.
This notice permits you to file a lawsuit in federal court. It’s a critical document because you must have it before moving forward with litigation under the ADA. Once you receive the notice, you usually have 90 days to file your lawsuit.
Hiring a Lawyer for Support
You don’t need a lawyer to file a discrimination claim, but having one can really affect the outcome of your case: disability cases often hinge on proving that you were qualified for the job and that the requested accommodation was reasonable, and an attorney can help you gather the right evidence, communicate effectively with the court, and prepare for a possible lawsuit if needed.
Seek Legal Guidance For Your Disability Discrimination Claim
Asking for a disability accommodation at work is not asking for special treatment. It’s asking for the opportunity to do your job on equal footing with everyone else. When that request is met with resistance, delay, or punishment, it crosses into the territory of discrimination, and that’s when it’s time to act. It may take courage, but you’re not alone, and your voice matters.
Call Atlas Law Center today at 630-394-6350 to schedule a free consultation with our team.
