Yes, in most cases you can sue your employer for disability discrimination, but there is an important catch: before you can file a lawsuit under federal law, you usually have to file a charge with the U.S. Equal Employment Opportunity Commission (EEOC) and get a document called a "right to sue" letter. The main federal law that protects you is the Americans with Disabilities Act (ADA), and it covers two of the most common workplace problems: being fired or treated worse because of a disability, and being refused a reasonable accommodation you needed to do your job.
This article walks through who is protected, what the ADA actually requires, the deadlines that genuinely matter, and the practical steps to take if you think your rights were violated. This is general information, not legal advice for your specific situation.
The federal baseline: the ADA and the EEOC
The Americans with Disabilities Act (ADA) is the core federal law. Title I of the ADA covers employment, and it is enforced by the U.S. Equal Employment Opportunity Commission (EEOC). A closely related law, the Rehabilitation Act of 1973, applies the same standards to the federal government and to employers that receive federal funding.
The ADA's employment rules apply to private employers with 15 or more employees, as well as state and local governments, employment agencies, and unions. If your employer is smaller than that, federal ADA coverage may not apply, but many states have their own disability discrimination laws that cover smaller employers, sometimes down to just one or a handful of employees. State protections are often broader, so a small-employer situation is not automatically a dead end.
What counts as a disability under the ADA?
The ADA defines disability broadly, and Congress expanded that definition in 2008 to make sure courts read it generously. You are generally protected if you fit any of these categories:
- You have a physical or mental impairment that substantially limits a major life activity (such as walking, seeing, hearing, concentrating, sleeping, lifting, or the operation of a major bodily system).
- You have a record of such an impairment (for example, a past cancer diagnosis now in remission).
- You are "regarded as" having a disability by your employer, even if you are not actually limited, when the employer takes action against you because of a real or perceived impairment.
This covers far more than visible or permanent conditions. Diabetes, epilepsy, depression, anxiety, PTSD, cancer, HIV, serious back injuries, and many chronic illnesses can qualify. Conditions that come and go (episodic conditions) are judged by how limiting they are when active. You do not need to be unable to work at all to be protected.
The two main types of claims
1. Discrimination, harassment, or wrongful termination
Your employer cannot fire, demote, refuse to hire, cut pay, deny promotions, or otherwise treat you worse because of your disability (or because they think you have one). It is also illegal to harass you based on a disability if the conduct is severe or pervasive enough to create a hostile work environment. If you were let go shortly after disclosing a condition, requesting medical leave, or returning from treatment, the timing alone can be a meaningful piece of evidence, though timing by itself is rarely enough to win.
2. Failure to accommodate
This is one of the most common and most winnable types of ADA claim. The law requires employers to provide a reasonable accommodation that lets a qualified employee perform the essential functions of the job, unless doing so would cause the employer "undue hardship" (significant difficulty or expense). Reasonable accommodations can include:
- Modified work schedules or remote work
- Leave for medical treatment or recovery
- Reassignment to a vacant position you are qualified for
- Assistive equipment, software, or ergonomic furniture
- Adjusting how or when a non-essential task is performed
- Making facilities accessible
When you ask for help connected to a medical condition, the law expects the employer to engage in what is called the interactive process, a good-faith back-and-forth to find a workable solution. An employer that flatly ignores a request, refuses to discuss options, or fires you instead of accommodating you may have broken the law. You do not have to use magic words like "ADA" or "reasonable accommodation"; you just have to let your employer know you need an adjustment for a medical reason.
Two limits are worth knowing. The employer must accommodate you, but it does not have to give you the exact accommodation you prefer if another effective option exists, and it does not have to eliminate an essential job function. It also is not required to lower performance or production standards that apply to everyone.
Retaliation is its own violation
It is illegal for an employer to punish you for requesting an accommodation, filing a complaint, or participating in an investigation. Retaliation is a separate claim, which means that even if a court later decides you did not actually have a qualifying disability, you can still win if you were fired or disciplined for asserting your rights in good faith. Retaliation claims are often easier to prove than the underlying discrimination.
How state law can add stronger protections
Federal law is the floor, not the ceiling. Many states have their own fair employment laws that go further than the ADA. Depending on where you work, state law may: