Workplace Disability Discrimination

+ When is workplace disability discrimination illegal?

Disability discrimination is generally illegal when an employer makes an employment decision because of a disability in violation of applicable law. For example, an employer generally cannot deny a qualified applicant a job, terminate an employee, or deny a promotion because of assumptions about the employee’s medical condition or limitations.

Employers may have legitimate reasons for employment decisions, including documented performance problems or an inability to perform essential job functions even with reasonable accommodation. However, an employer cannot rely on stereotypes about disability or ignore its legal obligation to consider reasonable accommodations.

The MHRA and ADA have overlapping but distinct requirements that consultation with an employment attorney can help navigate.

+ What is considered a disability under the law?

Under the Americans with Disabilities Act (ADA), a disability generally includes 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. The Minnesota Human Rights Act (MHRA) has a similar definition, but uses the term “materially limits” and expressly includes conditions that are episodic or in remission if they would materially limit a major life activity when active.

Disabilities may include chronic illnesses, certain mental health conditions, neurological disorders, and other physical or mental impairments. A condition does not need to be visible, and whether it qualifies for legal protection depends on the circumstances and the law that applies.

+ What are examples of disability discrimination in the workplace?

Disability discrimination can be obvious or subtle. Examples that may warrant legal review include:

• Termination or discipline: An employer fires or disciplines an employee because of a disability rather than legitimate performance or conduct concerns.
• Hiring discrimination: An employer rejects a qualified applicant based on assumptions about a medical condition.
• Unequal opportunities: An employer excludes an employee with a disability from training, promotions, or assignments because it assumes the disability is limiting.
• Failure to accommodate: An employer refuses to consider a reasonable accommodation that would allow a qualified employee to perform essential job functions.
• Medical leave: An employer penalizes an employee for disability-related leave when doing so violates applicable law.
• Harassment: A supervisor or coworker makes repeated offensive comments about an employee’s disability, and the conduct meets the legal standard for unlawful harassment.
• Retaliation: An employer takes adverse action against an employee for requesting a reasonable accommodation or reporting disability discrimination.

These examples do not automatically establish a legal claim. The circumstances, available evidence, and applicable legal requirements matter.

+ What is a reasonable accommodation and does my employer have to provide one?

A reasonable accommodation is a change to the workplace, job, schedule, equipment, or usual way of doing things that helps a qualified employee with a disability perform the essential functions of a job. Depending on the circumstances, accommodations may include:

• Modified work schedules or adjusted start times.
• Ergonomic equipment or other assistive devices.
• Changes to workplace policies or procedures.
• Leave for disability-related treatment or recovery, when required.
• Reassignment to a vacant position.

Covered employers generally must provide an effective, reasonable accommodation for a known disability unless they can demonstrate that it would impose an undue hardship. An employer does not necessarily have to provide the employee’s preferred accommodation if another effective, reasonable option is available.

An employer may also have obligations even if the employee does not use the phrase “reasonable accommodation,” provided the employer has enough information to understand that accommodation may be needed.

+ How do I prove a workplace disability discrimination claim?

To prove disability discrimination, you generally need evidence that the employer violated an applicable legal requirement. Depending on the claim, this may involve showing that disability influenced an employment decision, that the employer failed to provide a required reasonable accommodation, or that the employee experienced unlawful harassment or retaliation.

Direct evidence can be helpful. However, many cases rely on circumstantial evidence suggesting that the employer’s stated reason is not genuine or that the employer failed to meet its legal obligations. Relevant evidence may include:

• Performance reviews, commendations, and disciplinary records.
• Emails or messages discussing the disability, medical restrictions, or accommodation request.
• Records of accommodation requests and the employer’s responses.
• Medical documentation relevant to work restrictions or accommodation needs.
• Evidence that similarly situated employees were treated differently.
• Changes in the employer’s explanation for an employment decision.
• Records showing that the employee could perform essential job functions with a reasonable accommodation.

The evidence needed will depend on whether the claim concerns discriminatory treatment, failure to accommodate, harassment, retaliation, or another prohibited practice.

+ Can my employer fire me for requesting an accommodation or complaining about disability discrimination?

Generally, no. The ADA and MHRA prohibit retaliation for certain protected activities, including opposing unlawful disability discrimination and participating in a discrimination investigation or proceeding. Requesting a reasonable accommodation can also be protected activity.

Retaliation may include termination, demotion, reduced hours, undesirable reassignment, or other adverse treatment because an employee engaged in protected activity. A retaliation claim may be possible even if the underlying discrimination claim is not ultimately proven.

+ Can I claim disability discrimination even if I quit my job?

Potentially. An employee who resigns may have a claim of constructive discharge if the employer made working conditions sufficiently intolerable that the resignation meets the applicable legal standard.

For example, a claim may warrant review if you quit your job because an employer repeatedly refused to address serious disability-related barriers, rejected reasonable accommodation requests, or subjected you to disability-based harassment.

If you are considering resigning because of disability discrimination or an unresolved accommodation issue, consider speaking with an employment attorney first if possible.

+ How much is a disability discrimination case worth?

There is no standard settlement amount for a disability discrimination case. Potential value depends on the strength of the evidence, financial losses, the nature of the employer’s conduct, and the remedies available under the applicable law.

Depending on the claim, potential remedies may include lost wages and benefits, future lost earnings, reinstatement or other employment-related relief, reasonable accommodation, and attorney fees. Certain claims may also allow compensatory or punitive damages, subject to statutory requirements and limitations.

The remedies available under Minnesota and federal law are not identical. An attorney can evaluate the potential value of a claim after reviewing the evidence, employment history, losses, and circumstances of the alleged discrimination.

+ What is the statute of limitations for a disability discrimination case?

Filing deadlines depend on the law involved and the process used to pursue a claim. Under the Minnesota HRA, a charge of discrimination generally must be filed with the Minnesota Department of Human Rights within one year of the alleged discriminatory practice, subject to applicable exceptions and rules. A civil lawsuit may be governed by a different deadline.

Under the federal ADA, an employee generally must file a charge with the Equal Employment Opportunity Commission (EEOC) within 300 days of the alleged discriminatory act. Additional deadlines may apply after the administrative process, including a deadline to file a lawsuit after receiving a right-to-sue notice.

Do not assume that an internal complaint, accommodation discussion, or employer investigation automatically extends a legal deadline. Because missing a deadline can limit or prevent your ability to pursue a claim, seek legal advice promptly if you believe you have experienced disability discrimination.

+ What should I do if I believe my employer discriminated against me because of a disability?

If you believe you have experienced disability discrimination, document what happened as soon as possible. Consider these steps:

• Document what happened. Record important dates, who made or communicated employment decisions, what was said, and why you believe disability played a role.
• Preserve relevant records. Keep copies of performance reviews, pay records, disciplinary notices, relevant emails or messages, and accommodation-related communications.
• Keep records of accommodation requests. Document what you requested, why it was needed for work, how the employer responded, and any alternative accommodations discussed.
• Identify potential witnesses. Record the names of people who observed relevant conduct or may know how employment decisions were made.
• Consider reporting the concern. If appropriate, raise the issue with human resources or management. Keep a copy of your complaint and document the employer’s response.
• Request your personnel records. Minnesota law provides employees with rights to review or obtain copies of personnel records, subject to statutory requirements.
• Be careful before signing a severance agreement. A release may affect your ability to pursue legal claims, depending on its terms and applicable law.
• Seek legal advice promptly. An employment attorney can help evaluate potential discrimination, accommodation, and retaliation claims and explain the deadlines that apply.

You do not need to prove your entire case before seeking legal advice. An attorney can help evaluate what happened and determine what additional evidence may be useful.