Legal Options for Employees Who Experience ADA Violations

In 2021, only 13.5% of the U.S. population had some form of disability. Being in a minority group poses some challenges — especially in the workplace. According to Statista, the rise of remote work has opened new pathways for people with disabilities. However, many employers still fail to provide appropriate accommodations that respect different needs and abilities.

Though the Americans with Disabilities Act and other laws protect people with disabilities, discrimination can and does occur. You must understand your rights as a disabled employee. This guide will help you answer questions like “Can I sue my employer for not accommodating my disability?” and “What are the legal options for employees who experience ADA violations?” We want to empower you throughout this process. Here is some essential knowledge and the next steps when encountering an ADA violation in your workplace.

Overview of Disability Discrimination Laws

The ADA is a federal civil rights law that prohibits disability discrimination in many areas of life. Its goal is to provide equal opportunities for people with disabilities. The U.S. Equal Employment Opportunity Commission enforces the ADA.

Other disability discrimination laws protect you if you work in Pennsylvania, including the Pennsylvania Human Relations Act. The PHRA is a state law that also covers discrimination in employment and other areas. The Pennsylvania Human Relations Commission enforces it.

The difference between state and federal laws lies in the number of employees an employer has. For example, the ADA applies to companies with at least 15 employees, whereas the PHRA only applies to companies with at least four employees. The minimum number of employees also differs at the municipal level.

If you need help determining which law applies to your potential case, consult an experienced ADA lawyer in Pennsylvania.

Examples of Workplace Disability Discrimination

Here are a few examples to help you gauge whether you have experienced an ADA violation in the workplace.

• Hiring: Disability should never be a reason not to hire a potential employee. If you have the appropriate qualifications and can perform your required duties with reasonable accommodations, you should have the right to equal job opportunities.
• Retaliation or termination: Employers cannot wrongfully fire or demote a person based on their disability. For instance, an employer might violate ADA rights by retaliating against an employee who asks for a reasonable accommodation due to their disability. The same goes for disability discrimination complaints. It is illegal for employers to retaliate against you in this scenario.
• Job discrimination: Treating disabled employees differently by limiting or denying them opportunities for growth and promotion is another example.
• Harassment: Though there is a defining line between discrimination and harassment, it is not always evident. Harassing a staff member purely based on their disability can be a form of discrimination. The harassment can come from a supervisor, colleague or even a subordinate. They can express their discrimination through unacceptable behavior like slurs, intrusive comments or making assumptions.
• Accommodation: The law obligates employers to provide reasonable accommodations to allow disabled employees to perform their essential work tasks. These can range from modified work schedules to wider entryways to the office. You can take legal action if your company does not provide the necessary workplace adjustments and modifications.

Legal Procedures to Follow When ADA Violations Occur

Follow these legal procedures if you believe your employer violated your ADA rights.

1. Identify the Violation

Before all else, determine if you genuinely experienced discrimination. With the help of this guide’s previous sections, you should understand the various laws and examples. With this understanding, you can identify the violation. We also recommend further research on these subjects to gather additional information. You can seek legal consulting services for clarity and guidance.

2. Address the Violation Internally

If a violation occurred, you can choose to address it internally first. Communicate with the company’s higher authorities, such as human resources or your supervisor. Start the discussion by asserting your rights as a disabled employee.

Though disability discrimination laws have been in effect for years, some companies may not understand them. Your employer should help accommodate you realistically and accordingly.

Ensure you keep an extensive written record of each interaction — including the people involved, dates, times and conversations. The documentation should provide a clear trail of the actions taken, which can be valuable later if the situation escalates.

3. File a Complaint

You may file a formal internal complaint if your employer does not reconsider their decisions. This step serves two purposes.

• First, it provides your company with another chance to rectify the situation. A formal complaint is a more serious step to catch attention and spark action — without you having to bring in a lawyer.
• Second, a formal internal complaint is a legal notification of your disability discrimination claim. If your employer does not rectify the violation, this complaint will prove that you at least followed procedures to resolve the issue.

4. Report the Violation to the EEOC

If an employer’s efforts were unsuccessful or you did not choose to address the violation internally, you may report it to the EEOC and the Pennsylvania Human Relations Commission. File the charge within 180 days of its occurrence to preserve your rights under all applicable laws.

5. EEOC Processing

Once you file your report and it meets the procedural requirements, the EEOC will start processing it. During the processing stage, the EEOC will inform your employer about the charge and perform an investigation. During this process, promptly respond to the agency’s requests to help expedite their research. The agency may also explore the possibility of a mediation or settlement to save time and resources.

6. Right-to-Sue Letter

After the processing stage, the agency will typically provide you with a right-to-sue letter. It is also possible to request this letter while they are processing your charge. Carefully review this letter and consult your attorney for the next steps. With this letter, you can sue your employer for not accommodating your disability and pursue available remedies.

7. File a Lawsuit

If you have not already, now is the time to collaborate closely with your attorney. They will help you during this process, ensuring you meet all the procedural requirements within the specified deadlines. They will prepare the necessary paperwork, question witnesses, gather evidence and represent your case in court.

An experienced attorney may also explore the possibility of negotiation or settlement before a trial begins — offering a resolution without prolonged litigation.

Take Action Today With Weisberg Cummings

If you have experienced disability-related workplace discrimination, consult with a reliable ADA lawyer to help you every step of the way. Weisberg Cummings has over 40 years of combined experience representing our clients in various legal matters in Pennsylvania. Our dedicated team will listen to your concerns and stand by your side to protect your rights.

Confidently address your ADA violations. Request a free initial consultation with one of our attorneys or contact us at 855-716-2367 for more information.