What Is Disability Discrimination at Work?

The ADA protects workers with disabilities from discrimination and requires employers to make reasonable changes so they can do their jobs.

Who is protected

A person with a disability: a physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having one (42 U.S.C. 12102). After the 2008 amendments, the definition is interpreted broadly; conditions like diabetes, cancer, epilepsy, depression, PTSD and many others often qualify, even when controlled by medication.

The person must be qualified: able to perform the essential functions of the job with or without reasonable accommodation.

What counts as discrimination

• Firing, refusing to hire, or demoting because of disability
• Failing to provide a reasonable accommodation (42 U.S.C. 12112)
• Improper medical questions or exams
• Harassment based on disability
• Retaliation for requesting accommodation

Reasonable accommodations

Examples:

• Modified schedules or part-time work
• Remote work
• Equipment or software
• Changes to policies, such as breaks or leave
• Reassignment to a vacant position
• Additional unpaid leave after FMLA runs out; see when FMLA leave runs out

Employers may refuse only if the accommodation would cause undue hardship, meaning significant difficulty or expense. The Job Accommodation Network offers free ideas.

The interactive process

Once you request an accommodation, the employer should engage in a good-faith dialogue with you. You do not need to use the word "ADA"; saying you need a change at work because of a medical condition is enough. The employer can ask for reasonable medical documentation.

Medical questions

Before a job offer, employers generally cannot ask about disabilities. After an offer, they may require exams if required of all entering employees in the job. During employment, medical questions must be job-related and consistent with business necessity.

What to do

1. Request accommodations in writing, explaining the limitation and what would help.
2. Keep copies of requests, responses and medical notes.
3. Report discrimination internally.
4. File with the EEOC within 180 or 300 days; see how to file a discrimination complaint.

An employment lawyer can help with accommodation disputes.

Sources

1. EEOC: Disability discrimination and employment decisions
2. Cornell Law School LII: 42 U.S.C. 12102, Definition of disability
3. Cornell Law School LII: 42 U.S.C. 12112, Discrimination
4. Job Accommodation Network