Disability Discrimination at Work: ADA Rights, Accommodations, and What to Do If You're Fired

The Americans with Disabilities Act (ADA) is one of the most powerful workplace protections in federal law — and one of the most frequently violated. Employers fire, demote, and refuse to accommodate disabled employees every day, often while claiming the decision was about "performance" or "business needs." This guide explains what the ADA actually requires and what to do if your employer has violated it.

Who the ADA Protects

The ADA applies to employers with 15 or more employees. It prohibits discrimination against a "qualified individual with a disability" in any aspect of employment — hiring, firing, pay, promotions, job assignments, training, and any other term or condition of employment.

A "disability" under the ADA is defined broadly: 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 such an impairment. After the ADA Amendments Act of 2008, courts interpret "disability" expansively. Conditions that routinely qualify include:

• Physical conditions: cancer, diabetes, HIV/AIDS, epilepsy, mobility impairments, chronic pain, hearing or vision loss, heart disease
• Mental health conditions: depression, anxiety disorders, PTSD, bipolar disorder, OCD, ADHD
• Episodic conditions: conditions that are in remission or only active periodically still qualify if they would substantially limit a major life activity when active

You don't need to be severely disabled to be protected. If your condition substantially limits a major life activity — walking, seeing, hearing, sleeping, concentrating, communicating, or caring for yourself — you likely qualify.

The Reasonable Accommodation Requirement

Employers are required to provide "reasonable accommodations" — modifications to the work environment or how a job is performed — that allow a qualified employee with a disability to do their job. The accommodation process is supposed to be an interactive dialogue between the employee and employer. Neither side can simply refuse to engage.

You don't need to use the words "reasonable accommodation" or cite the ADA to trigger this obligation. Telling your employer that you have a medical condition and need a change in your work situation is enough. Once you make that request, the employer must respond — it cannot simply ignore you.

Common Reasonable Accommodations

• Modified work schedules or flexible hours for medical appointments or symptom management
• Remote or hybrid work arrangements
• Reassignment to a vacant position the employee is qualified for
• Leave beyond what FMLA provides (unpaid leave can be a reasonable accommodation)
• Assistive technology, modified equipment, or accessible workspaces
• Reduced workload or temporary light-duty assignments
• Permission to work from a seated position or take additional breaks

When Can an Employer Refuse?

An employer can only deny an accommodation if it would cause "undue hardship" — significant difficulty or expense given the size and resources of the business. This is a high bar. Courts rarely find undue hardship for large employers. An employer cannot simply say an accommodation is inconvenient or that it prefers not to make changes.

If an employer claims undue hardship, it must consider whether there are alternative accommodations that would work. The obligation is to find an effective accommodation — not necessarily the specific one the employee requested.

Disability-Related Termination

Firing an employee because of their disability — or because they requested an accommodation — is illegal. So is retaliating against an employee for filing an ADA complaint, participating in an investigation, or opposing discriminatory practices.

Employers rarely say "we're firing you because of your disability." Instead, they cite performance issues, restructuring, or budget cuts. The key is to look at the pattern and timing. Warning signs that a termination may be disability-related include:

• Termination shortly after disclosing a disability or requesting an accommodation
• Performance issues that only emerged after a medical leave or accommodation request
• Being placed on a PIP immediately after returning from disability-related leave
• Employer refusing to engage in the accommodation process and then terminating
• Coworkers without disabilities in similar roles were not terminated
• Supervisor comments about your condition, absences, or limitations before the termination

The Interactive Process: What Employers Must Do

When an employee requests an accommodation, the employer must engage in a good-faith interactive process to identify an effective solution. This means:

1. Acknowledging the request and beginning a dialogue
2. Requesting medical documentation if needed (limited to what's necessary to understand the limitation)
3. Exploring possible accommodations — including alternatives if the requested accommodation isn't feasible
4. Implementing an effective accommodation or providing a written explanation of why it would cause undue hardship

A breakdown in the interactive process caused by the employer — ignoring requests, delaying indefinitely, refusing to consider alternatives — is itself an ADA violation, even if the employer never formally denies the accommodation.

How to Assert Your Rights

1. Put your accommodation request in writing. Email is fine. You don't need formal language — just describe your condition and what you need. This creates a record and starts the clock on the employer's obligation to respond.
2. Document everything. Keep records of all communications about your accommodation request, your employer's responses, and any changes in how you're treated after you disclose your disability. Note dates, who was present, and what was said.
3. File an EEOC charge. ADA claims require filing a charge with the EEOC before you can sue in federal court. The deadline is 180 days from the discriminatory act (300 days in states with their own anti-discrimination agencies). Use our deadline calculator to check your window.
4. Consult an employment attorney. ADA cases often turn on documentation and timing. An attorney can evaluate whether your employer's conduct violated the law and what remedies may be available — including back pay, reinstatement, compensatory damages, and attorney's fees. California employees can consult a disability discrimination attorney at Delshad Legal.

Use our documentation checklist to organize your evidence, and our case strength quiz to assess whether you may have a viable claim.