Legal Support for Disability and Health Discrimination in the Workplace

Workplace discrimination based on disability or health conditions can be deeply distressing and is, unfortunately, a reality for many individuals. 

Despite various legal protections in place, employees with disabilities or health-related issues often find themselves unfairly treated, passed over for promotions, or even wrongfully terminated.

What Is Disability and Health Discrimination?

Disability and health discrimination occurs when an employee is treated unfairly or less favorably because of a physical or mental health condition. This discrimination can manifest in many ways, including hiring practices, promotion opportunities, termination, pay disparities, or lack of reasonable accommodations.

Under the Americans with Disabilities Act (ADA) and other laws, employees with disabilities are entitled to reasonable accommodations and must be treated equally in all employment decisions, from hiring to promotions. Many states also have statutes that offer additional protections and stricter penalties.

What Is Legally Considered a Disability?

Under the ADA, a person is considered to have a disability if they meet one or more of the following criteria:

• A physical or mental impairment that substantially limits one or more major life activities (e.g., walking, talking, seeing, hearing, or learning).
• A history of such an impairment (e.g., an employee who has recovered from cancer).
• Being regarded as having such an impairment (e.g., an employer treats an employee as if they have a significant impairment, even if the employee doesn’t).

Employers are also required to accommodate disabilities unless it would cause them significant difficulty or expense, known as "undue hardship." Accommodations might include things like modified work schedules, accessible facilities, specialized equipment, or even a transfer to a different job that better suits the employee’s needs.

What Health Conditions or Disabilities Are Covered by Discrimination Laws?

Health conditions covered under discrimination laws generally include any physical or mental impairments that substantially limit one or more major life activities. These conditions are protected under the Americans with Disabilities Act (ADA) and other state and federal laws. 

Examples of covered health conditions include:

• Chronic illnesses, such as cancer, diabetes, or epilepsy
• Mental health disorders, including depression, anxiety, or bipolar disorder
• Respiratory conditions, like asthma or chronic obstructive pulmonary disease (COPD)
• Mobility impairments, such as paralysis or arthritis
• Neurological disorders, like multiple sclerosis or Parkinson’s disease
• HIV/AIDS and other immunocompromised conditions
• Hearing and vision impairments
• Autoimmune diseases, such as lupus or rheumatoid arthritis
• Heart conditions, including cardiovascular disease or hypertension
• Pregnancy-related complications

Employers are prohibited from discriminating against employees with these conditions and must provide reasonable accommodations to aid an employee in performing their job duties.

What Laws Protect Employees From Disability and Health Discrimination?

Several federal laws safeguard employees against disability and health discrimination in the workplace.

Americans with Disabilities Act (ADA): The ADA prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, and transportation. In the context of employment, Title I of the ADA mandates that employers with 15 or more employees provide equal opportunities to qualified individuals with disabilities. It also requires employers to make "reasonable accommodations" to help employees perform their job duties unless doing so would impose an undue hardship on the employer.

Rehabilitation Act of 1973: This law applies to federal government agencies, contractors, and employers receiving federal financial assistance. It provides similar protections as the ADA but specifically for the public sector and certain private employers.

Family and Medical Leave Act (FMLA): While not exclusively focused on disabilities, the FMLA allows eligible employees to take unpaid, job-protected leave for serious health conditions that make them unable to perform their job or to care for a family member with a serious health condition. This law ensures that employees won’t lose their job—or their current position—if they need to take time off for health-related reasons. Legally the employee must be returned to their same position and title as before the FMLA leave.

Pregnancy Discrimination Act (PDA): This law, part of Title VII of the Civil Rights Act, protects women from discrimination based on pregnancy, childbirth, or related medical conditions. Employers must treat pregnancy and related conditions as any other temporary disability when it comes to job functions, benefits, and leave policies.

State Laws: Many states have additional laws that offer even broader protections than federal statutes. For example, California’s Fair Employment and Housing Act (FEHA) provides robust protections for workers with disabilities and sets higher standards for employers regarding accommodations.

Recognizing Signs of Disability or Health Discrimination

Discrimination can sometimes be subtle or disguised as legitimate business decisions. If you suspect you’re being discriminated against because of a disability or health condition, look out for the following signs:

Failure to Accommodate: If you've made your employer aware of your disability and requested reasonable accommodations, but the employer denies or ignores your request without a legitimate reason, this could be a violation of the ADA.

Reasonable accommodations can include modifying work schedules, ensuring physical accessibility, adjusting workstations or equipment, modifying job duties, providing assistive technology, offering additional leave, adjusting workplace policies, and reassigning employees to vacant positions if necessary.

Unfair Treatment: Being passed over for promotions, demotions, changes in job duties, or being subjected to different rules or standards than other employees without disabilities are red flags for discrimination.

Harassment: Being subjected to offensive comments, slurs, or jokes related to your disability or health condition creates a hostile work environment and is prohibited under federal law.

Termination or Demotion: If you are demoted, fired, or otherwise punished after disclosing a health condition or requesting accommodations, this could be grounds for a legal claim. An employer cannot retaliate against you for asserting your rights under the ADA or similar laws.

FMLA Interference: If your employer requires you to perform work while on leave or threatens your job if you don’t return sooner, this is an FMLA violation, and you may have grounds for a legal claim.

Denied Leave: If your employer denies you leave under the FMLA or penalizes you for taking leave due to a serious health condition, this may constitute discrimination.

What Can I Do About Disability and Health Discrimination?

If you believe you’ve been discriminated against due to a disability or health condition, it’s essential to take action to protect your rights.

Keep detailed records of any discriminatory actions, including dates, times, and specific incidents. Collect emails, memos, or any communication that could serve as evidence. If you've requested accommodations, document all requests and any responses from your employer.

Many companies have internal procedures for addressing discrimination claims. File a formal complaint with your HR department or a supervisor. This step can provide an opportunity to resolve the issue internally, and it shows that you’ve made a good-faith effort to resolve the issue.

If internal processes don’t resolve the issue, the next step is to file a complaint with the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC enforces the ADA, PDA, and other anti-discrimination laws. The deadline to file depends on your state and may be extended in certain circumstances. This deadline can be as low as 180 days and as high as 365 days from the date of the discriminatory act. It is important to speak with an attorney as soon as possible after a discriminatory act; otherwise, you may risk your chance to file your claim. 

After investigating, the EEOC may take legal action on your behalf or give you a "right to sue" letter, allowing you to file a lawsuit in federal court.

Working with an experienced employment attorney can make all the difference in navigating the legal complexities of your case. At Morgan & Morgan, our attorneys specialize in employment discrimination cases and can guide you through each step of the process, from filing a complaint to negotiating settlements or going to trial.

What Remedies or Compensation Can I Receive for Disability and Health Discrimination?

If your case is successful, several remedies may be available to compensate for the harm you've suffered. These may include:

• Reinstatement: If you were wrongfully terminated or demoted, you could be reinstated to your previous position.
• Back Pay: Compensation for wages lost due to discrimination, including back pay and benefits.
• Front Pay: If reinstatement is not possible, you may be entitled to compensation for future lost wages.
• Compensatory Damages: Compensation for emotional distress, pain, and suffering caused by the discrimination.
• Punitive Damages: In some cases, courts may award punitive damages to punish an employer for especially egregious conduct.
• Attorney's Fees: You may be entitled to have your legal fees paid by the employer.

Morgan & Morgan can evaluate your case and help you pursue the maximum compensation you’re entitled to under the law.

Am I Legally Protect Against Retaliation?

Yes, you are legally protected against retaliation under both federal and state laws. If you engage in a protected activity—such as filing a complaint about discrimination, requesting reasonable accommodations for a disability, or merely participating in an investigation as a witness—you are shielded from retaliatory actions by your employer. 

Retaliation occurs when an employer takes adverse actions against you for asserting your rights. Examples of retaliation include:

• Termination or demotion
• Reduction in hours or pay
• Unjustified disciplinary actions
• Negative performance reviews
• Harassment or hostile treatment
• Exclusion from workplace activities or opportunities

Laws such as the Americans with Disabilities Act (ADA), Title VII of the Civil Rights Act, and the Family and Medical Leave Act (FMLA) provide legal protections against retaliation. If you believe you are being retaliated against, contact Morgan & Morgan for help. One of our experienced discrimination lawyers can help you to file a complaint with the Equal Employment Opportunity Commission (EEOC) or your state's labor agency—correctly and on time—to avoid common pitfalls, missed deadlines, or other delays. 

How Do I Know if My Health Condition Qualifies as a Disability Under the ADA?

Under the Americans with Disabilities Act (ADA), a disability is defined as a physical or mental impairment that substantially limits one or more major life activities, such as walking, breathing, hearing, seeing, or working. Chronic illnesses, mental health conditions, mobility impairments, and temporary conditions that have long-term effects may qualify. A healthcare provider can assess whether your condition qualifies, and an attorney at Morgan & Morgan can help you understand your rights under the ADA.

What Types of Evidence Should I Gather to Support My Disability Discrimination Case?

To support a disability discrimination case, gather the following evidence:

• Medical records documenting your condition and any limitations it causes.
• Documentation of accommodation requests, including emails, letters, or formal requests submitted to your employer.
• Witness statements from coworkers who can testify to the discriminatory actions or your work performance.
• Employment records, such as performance reviews or disciplinary actions taken before and after you disclosed your condition or requested accommodations.
• Records of adverse actions, such as demotion, termination, or pay cuts, that occurred after requesting accommodations.

Can I Request Workplace Accommodations if My Condition Is Temporary, Like Recovering From Surgery?

Yes, you can request reasonable accommodations for temporary conditions under the ADA if they substantially limit one or more major life activities during the recovery period. Accommodations may include modified work schedules, remote work, or temporary reassignment of duties while you recover.

What Should I Do if My Employer Denies My Request for Reasonable Accommodations?

If your employer denies your request, you should:

• Request an explanation for the denial and explore alternative accommodations with your employer.
• Document all interactions with your employer regarding the accommodation request, including their reasoning for the denial.
• Contact Morgan & Morgan to evaluate whether the denial violates your rights under the ADA.
• If Morgan & Morgan feels that your denial is unlawful, an attorney will file a complaint on your behalf with the Equal Employment Opportunity Commission (EEOC) or your state's labor agency.

How Long Do I Have to File a Disability Discrimination Claim After Experiencing Unfair Treatment?

The deadline to file a claim with the EEOC depends on your state and may be extended in certain circumstances. This deadline can be as low as 180 days and as high as 365 days from the date of the discriminatory act. It is important to speak with an attorney as soon as possible after a discriminatory act; otherwise, you may risk your chance to file your claim. 

Contact Morgan & Morgan for help—hiring one of our lawyers is easy, and you can get started in minutes with a free case evalaution. One of our lawyers specializing in employment discrimination can help guide you through the process, ensure that you file your claim correctly and on time, and fight to protect your rights.

Can My Employer Legally Fire Me for Taking Medical Leave Due to a Disability or Health Condition?

No, under the ADA and the Family and Medical Leave Act (FMLA), your employer cannot legally fire you for taking medical leave related to a disability or health condition. However, there are limits, and employers are not required to hold your job indefinitely. You should ensure that your leave is properly documented and that you meet the legal criteria for taking leave under these protections.

How Can Morgan & Morgan Help?

At Morgan & Morgan, we understand the emotional and financial toll that disability and health discrimination can have on employees. No one should be treated unfairly because of a condition beyond their control, and we’re committed to holding employers accountable.

Our team of experienced employment lawyers can help you understand your legal options, gather evidence, and build a strong case. We work on a contingency fee basis, meaning you won’t pay anything unless we win your case.

Disability and health discrimination in the workplace is not only wrong but illegal. If you’ve been treated unfairly due to your condition, you don’t have to face it alone. Legal protections like the ADA and FMLA exist to protect your rights, and with the right support, you can hold your employer accountable.

If you’ve been discriminated against because of your disability or health condition, it’s important to act quickly. Our experienced discrimination attorneys are ready to help you navigate the legal process and pursue the compensation and fair treatment you deserve. Contact us today for a free case evaluation to discuss your case.