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Disability Discrimination

Protecting the Rights of Workers with Disabilities​

Employees with disabilities have the same right to fair treatment, equal opportunity, and reasonable accommodations as anyone else in the workplace. Yet some employers violate these rights by denying accommodations, making discriminatory employment decisions, or retaliating against workers who speak up. Our firm is dedicated to helping workers with disabilities assert their rights and fight back against unlawful treatment.

What Is Disability Discrimination?​

Disability discrimination occurs when an employer treats a qualified employee or applicant unfavorably because of a physical or mental impairment. This includes:
  • Refusing to hire or promote someone because of their disability.
  • Denying reasonable accommodations that would enable an employee to perform his or her job.
  • Subjecting an employee to harassment or a hostile work environment based on his or her disability.
  • Firing or disciplining an employee after he or she requests a reasonable accommodation.
  • Making assumptions about what an employee with a disability can or cannot do.
  • Failing to engage in an interactive process to explore possible accommodations.

Laws That Protect Workers with Disabilities​

  • Americans with Disabilities Act (ADA): The ADA is a federal law that prohibits discrimination based on disability in employment. It requires employers with 15 or more employees to provide reasonable accommodations and prohibits retaliating against employees who assert their rights.
  • Pennsylvania Human Relations Act (PHRA): This state law offers similar protections and applies to employers with as few as four employees. In some situations, the PHRA may provide more favorable remedies or procedures than federal law.

Reasonable Accommodations​

Employers must provide reasonable accommodations to qualified employees with disabilities. Reasonable accommodations are changes to the job or work environment that enable an employee to perform the essential functions of the position, such as:
  • Modified work schedules or reduced hours.
  • Leave of absence for medical treatment or recovery.
  • Assistive technology or modified equipment.
  • Reassignment to a vacant position.
  • Work-from-home arrangements.
The employer must engage in an interactive process—a cooperative discussion with the employee—to determine an appropriate accommodation. Refusing to engage in this process, or denying accommodations without exploring options, may be evidence of unlawful treatment.

Disability Harassment and Hostile Work Environment​

Disability discrimination isn’t always about formal employment decisions. It can also take the form of harassment, such as demeaning jokes, frequent insults, or offensive comments about an employee’s disability. If the harassment is severe or pervasive enough to alter the conditions of employment, it may be a violation of the ADA or PHRA.

Retaliation Is Illegal​

Employers are prohibited from retaliating against employees who:
  • Request a reasonable accommodation.
  • File an internal complaint or formal charge of disability discrimination.
  • Participate in a discrimination investigation or lawsuit.
Retaliation can include firing, demoting, cutting hours, transferring to undesirable positions, or creating a hostile environment. If you’ve been punished for asserting your rights, you may have a separate legal claim for retaliation.

We Stand Up for Workers with Disabilities

We’ve successfully represented workers with a wide range of disabilities—from physical conditions (such as arthritis and visual impairments) to mental health conditions (such as anxiety and depression). Whether your employer ignored your request for accommodations or fired you for disclosing a disability, we’re here to help.

Contact us today to discuss your situation. You don’t have to face workplace discrimination alone.

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