Disability discrimination happens when an employer treats you unfavorably because of a physical or mental impairment rather than your ability to do the job. This can include firing you after a medical leave, denying reasonable accommodations, passing you over for promotions, or refusing to hire you because of a disability. These actions are illegal under both federal and Illinois law.
At 1818, we represent employees across Chicago and throughout Illinois in disability discrimination cases. If your employer has violated your rights, we can help you file a claim and fight for the compensation you deserve.
What Counts as Disability Discrimination?
Disability discrimination happens when an employer treats you unfavorably because of your disability rather than your ability to do the job. This can affect every aspect of your employment, from hiring and pay to promotions, benefits, and termination.
Under federal law (the Americans with Disabilities Act) and state law (the Illinois Human Rights Act), you’re protected if you have a physical or mental impairment that substantially limits one or more major life activities.
Common examples of protected disabilities include:
- Mobility impairments or use of a wheelchair
- Chronic conditions like diabetes, epilepsy, or heart disease
- Mental health conditions such as depression, anxiety, or PTSD
- Learning disabilities like dyslexia or ADHD
- Visual or hearing impairments
- Cancer or other serious medical conditions
- Past history of a disability, even if you’re in remission
You don’t need to be completely unable to work to be protected. For example, if your condition substantially limits activities like walking, seeing, hearing, concentrating, or working, you likely would be protected.
Real Examples of Disability Discrimination at Work
Disability discrimination can be blatant or subtle. Here’s what it looks like in practice:
- You request a modified schedule to attend regular medical appointments, and your employer denies it without explanation.
- You disclose your mental health condition, and suddenly, you’re excluded from important meetings.
- You’re fired shortly after returning from medical leave, while less experienced employees keep their jobs.
- You’re told you’re “not a good fit” right after disclosing a disability during the interview process.
These situations aren’t just unfair. They’re illegal.
Your Right to Reasonable Accommodations
One of the most important protections under disability discrimination law is the right to reasonable accommodations.
A reasonable accommodation is any modification or adjustment that allows you to perform the essential functions of your job. Your employer must provide these accommodations unless doing so would cause “undue hardship,” meaning significant difficulty or expense.
Reasonable accommodations can include:
- Modified work schedules or part-time hours
- Reassignment to a vacant position you’re qualified for
- Providing assistive technology or equipment
- Making the workplace physically accessible
- Allowing you to work from home
- Adjusting break times for medical needs
- Modifying workplace policies or procedures
Your employer is required to engage in an “interactive process” with you to determine what accommodations are appropriate. If they refuse to discuss accommodations or ignore your requests entirely, that could be a case for discrimination.
Federal and Illinois Protections for Employees with Disabilities
You’re protected by a framework of powerful laws:
Americans with Disabilities Act (ADA): Applies to employers with 15 or more employees. Prohibits discrimination in hiring, firing, pay, promotions, and all other employment decisions based on disability.
Illinois Human Rights Act (775 ILCS 5/): Goes even further than the ADA. It applies to employers with as few as one employee in certain cases, giving more Illinois workers protection. It also doesn’t require that your disability substantially limit a major life activity; Illinois defines disability more broadly as any “determinable mental or physical characteristic.”
The Illinois law also prohibits anyone from “aiding and abetting” discrimination, which means you can take legal action against individuals who helped cause the discrimination, not just your employer.
How to File a Disability Discrimination Claim
If you’ve experienced disability discrimination, time is critical. Here’s what you need to know:
Step 1: Document Everything
- Keep records of accommodation requests and your employer’s responses
- Save emails, text messages, and any written communication
- Document conversations with dates, times, and witnesses
- Keep copies of performance reviews, medical documentation, and company policies
Step 2: File with the Right Agency
You have two main options:
Equal Employment Opportunity Commission (EEOC): The federal agency that enforces the ADA. You have 300 days from the discriminatory action to file a charge. The EEOC applies to employers with 15 or more employees.
Illinois Department of Human Rights (IDHR): The state agency that enforces the Illinois Human Rights Act. You now have 2 years to file a charge (as of January 1, 2025). The IDHR covers smaller employers and offers broader protections.
Step 3: Let the Agency Investigate
Once you file, the agency will investigate your claim. They’ll gather evidence, interview witnesses, and request information from your employer. If they find evidence of discrimination, they’ll attempt to resolve the issue through mediation or settlement.
If the agency cannot resolve your case, it will issue you a “Right to Sue” letter, which allows you to file a lawsuit in court.
Step 4: File a Lawsuit
Once you receive your Right to Sue letter, you typically have 90 days to file a lawsuit. This is where having an experienced Chicago disability discrimination lawyer makes all the difference.
What Damages Can You Recover?
If you win your disability discrimination case, you may be entitled to significant compensation, including:
- Back pay for lost wages and benefits
- Front pay if you can’t return to your job
- Reinstatement to your former position
- Compensatory damages for emotional distress, pain, and suffering
- Punitive damages to punish egregious conduct and deter future violations
- Attorney’s fees and court costs
- Policy changes requiring your employer to fix discriminatory practices
Our goal isn’t just to win your case; it’s to help you rebuild your career and your life.
Why Choose 1818?
At 1818, we bring a unique advantage to employment discrimination cases.
Founder Jordan Matyas has spent decades working with government agencies, including the White House, the Illinois Legislature, and Chicago’s Law Department. That insider knowledge gives us insight into how to handle complex employment law claims in Illinois.
When you work with us, you get:
- Deep employment law experience handling disability discrimination cases
- Thorough investigation to uncover every piece of evidence
- Aggressive advocacy against employers and their legal teams
- Clear communication so you’re never left wondering what’s happening with your case
- A personalized strategy tailored to your situation and goals
We’ve helped employees across Illinois fight discrimination and win. We can help you too.
Don’t Wait. Time Limits Apply
If you’ve been discriminated against because of a disability, don’t delay. Filing deadlines are strict, and waiting too long can cost you your case.
You have 300 days to file with the EEOC and 2 years to file with IDHR. The sooner you act, the stronger your case will be.
Take the First Step Today
You deserve a workplace that respects your abilities, not one that punishes you for your disability.
If you’ve been denied accommodations, passed over for promotions, or fired because of your disability, 1818 is here to fight for you. We’ll investigate your case, explain your legal options, and pursue every dollar of compensation you’re owed.
Call or schedule a confidential consultation online today.
Your rights matter. Let us help you protect them.
