Federal law requires your employer to treat you fairly and make reasonable changes to help you work
The Americans with Disabilities Act (ADA) is the main federal law that protects workers with disabilities. It says employers cannot discriminate against you because of your disability, and they must make reasonable changes to your job or workplace so you can do your work. These changes are called reasonable accommodations. The ADA covers employers with 15 or more employees.
You have the right to keep your disability private. Your employer cannot ask you about your medical history or require a medical exam unless the job genuinely requires it. If you do tell your employer about a disability, they must keep that information confidential — they cannot share it with coworkers or use it against you.
Other federal laws also protect you. The Rehabilitation Act of 1973 covers federal employees and contractors. Some states have their own disability laws that are stricter than the ADA. Your state labor department can tell you what applies where you work.
Key Takeaways
- The ADA requires employers with 15 or more employees to make reasonable changes so you can perform your job, and prohibits discrimination based on disability.
- You can request accommodations in writing, and your employer must discuss what is possible — they cannot straightforward say no without explaining why.
- Your employer cannot ask about your disability history, medical records, or require a medical exam without a job-related reason, and must keep any disability information confidential.
- If you believe your employer has violated your rights, you can file a complaint with the Equal Employment Opportunity Commission (EEOC) within 180 or 300 days depending on your state.
- Retaliation — firing you, cutting your hours, or treating you worse because you requested an accommodation or complained — is illegal.
What counts as a disability under the ADA
The ADA defines disability broadly. You have a disability if you have a physical or mental condition that substantially limits one or more major life activities. Major life activities include working, walking, seeing, hearing, thinking, concentrating, and caring for yourself. The condition does not have to be permanent or severe — it just has to limit you in a meaningful way.
Disabilities covered by the ADA include mobility impairments, blindness and low vision, deafness and hearing loss, intellectual disabilities, mental health conditions like depression and anxiety, autism, ADHD, cancer, diabetes, epilepsy, HIV, and many others. A disability does not have to be visible. Chronic pain, autoimmune conditions, and neurological conditions all count.
The ADA also protects you if you have a history of a disability — for example, if you had cancer in the past but are now in remission — or if your employer wrongly believes you have a disability. You do not have to use the word "disability" when you talk to your employer. Saying "I need an accommodation" or describing what you cannot do is enough.
How to request a reasonable accommodation
You can request an accommodation at any time, and you do not need a formal process. You can tell your manager, your HR department, or your company's disability coordinator. Putting your request in writing — an email is fine — creates a record and is often the safest approach. You do not need a doctor's note to ask, though your employer may ask for medical information later to understand what you need.
Be specific about what you need. Instead of saying "I need help with my disability," say something like "I need to work from home two days a week because my condition makes it hard to commute" or "I need a quiet space to take medication at noon." The more concrete you are, the easier it is for your employer to figure out what will work.
Your employer must then engage in what the law calls an interactive process. This means they talk with you about what you need, what barriers you face, and what changes might help. They may suggest alternatives. They cannot straightforward refuse. If they say no, they must explain why the accommodation would cause undue hardship — meaning it would cost too much money or be too difficult to run the business. For most small changes, this is a hard argument to win.
The process usually takes a few weeks. If your employer asks for medical documentation, they can only ask for information that is relevant to your accommodation request. They cannot ask for your full medical history or records unrelated to work.
Types of accommodations employers commonly make
Reasonable accommodations vary widely depending on your job and your disability. Common examples include flexible work schedules, remote work options, modified break times, ergonomic equipment like standing desks or special chairs, screen readers or other assistive technology, written instructions instead of verbal ones, extra time to complete tasks, modified uniforms or dress codes, service animals in the workplace, and accessible parking or building entrances.
Your employer does not have to create a new job for you or remove essential job duties. They also do not have to provide personal items you would use outside of work, like a wheelchair or hearing aid, though they may do so. The accommodation must be something that helps you perform the core functions of your job.
If your employer says an accommodation is too expensive or too disruptive, ask them to explain in writing. You can then research whether their claim is accurate. Many accommodations cost little or nothing. If you disagree with their decision, you can file a complaint with the EEOC.
What to do if your employer discriminates against you
Discrimination means your employer treats you worse because of your disability. Examples include not hiring you because you have a disability, firing you after you request an accommodation, paying you less than coworkers doing the same work, denying you training or promotion opportunities, or isolating you from other employees. Harassment — repeated negative comments or behavior directed at your disability — is also discrimination.
Retaliation is a specific form of discrimination. It happens when your employer punishes you for asserting your rights. If you request an accommodation, file a complaint, or participate in an investigation, your employer cannot fire you, cut your hours, reduce your pay, give you worse assignments, or treat you differently in any way because of that action. Retaliation is illegal even if your original complaint was not valid.
If you believe discrimination has occurred, document it. Write down what happened, when it happened, who was involved, and any witnesses. Keep copies of emails, performance reviews, and any written communication about your disability or accommodation request. This record will be important if you file a complaint.
Filing a complaint with the EEOC
The Equal Employment Opportunity Commission (EEOC) is the federal agency that investigates discrimination complaints. You can file a complaint online at eeoc.gov, by mail, by phone, or in person at your local EEOC office. You do not need a lawyer to file.
You must file within a specific time frame. In most states, you have 180 days from the date the discrimination happened. In states with their own civil rights laws, you have 300 days. The clock starts from the last incident of discrimination, not the first one. If discrimination is ongoing, the time frame may restart with each new incident.
When you file, you will provide basic information: your name and contact details, your employer's name and address, what happened, when it happened, and what you believe the employer did wrong. The EEOC will send your complaint to your employer, who then has a chance to respond. The EEOC investigates both sides and decides whether there is reasonable cause to believe discrimination occurred.
If the EEOC finds in your favor, they may try to settle the case with your employer. If settlement fails, you receive a "right to sue" letter, which allows you to file a lawsuit in court. You can also request a right to sue letter at any time after 60 days have passed since you filed your complaint.
Your rights during hiring and on the job
Before you are hired, your employer cannot ask you about your disability or medical history. They can ask whether you can perform the essential functions of the job with or without accommodation, but they cannot ask what your disability is or how severe it is. After a job offer is made, they can require a medical exam — but only if they require it for all new employees in the same job category.
Once you are hired, your employer cannot require you to disclose your disability unless you are requesting an accommodation or the disability is affecting your work performance. You have the right to privacy. Your employer cannot tell coworkers about your disability, post medical information where others can see it, or use your disability as a reason to exclude you from meetings, social events, or other workplace activities.
You have the right to the same pay, benefits, and advancement opportunities as coworkers without disabilities. If you need time off for medical appointments or treatment, your employer must allow it under the same rules they explore to other employees. Some employers also offer paid leave or unpaid leave under the Family and Medical Leave Act (FMLA), which allows up to 12 weeks of unpaid leave per year for serious health conditions.
State and local protections that may go further
Many states have disability laws that are stricter than the ADA. Some states cover employers with fewer than 15 employees. Some states define disability more broadly or require more generous accommodations. California, New York, and Illinois are examples of states with strong additional protections.
Some cities and counties also have their own disability rights laws. If you work in a city with a human rights commission or civil rights office, they may handle complaints in addition to or instead of the EEOC. Your state labor department or attorney general's office can tell you what laws explore in your location.
If both federal and state law explore to your situation, you can file complaints with both agencies. Filing with one does not prevent you from filing with the other. Some people file with their state agency first because the process may be faster or more familiar.
Frequently Asked Questions
Can my employer ask me about my disability during a job interview?
No. Before making a job offer, your employer can only ask whether you can perform the essential functions of the job. They cannot ask what your disability is, how you got it, whether you take medication, or any other medical questions. After they make a job offer, they can require a medical exam — but only if they require it for all new employees in the same position.
What if my employer says an accommodation is too expensive?
Your employer must prove that the cost would cause undue hardship — meaning it would significantly disrupt the business or cost more than the company can reasonably afford. For most small accommodations, this is difficult to prove. You can ask your employer to explain in writing why they believe it is too expensive, and you can research whether that claim is accurate. If you disagree, you can file a complaint with the EEOC.
Can my employer fire me if my disability affects my work performance?
Your employer can fire you for poor performance, but only if they have first offered reasonable accommodations and you still cannot do the job. They cannot fire you straightforward because you have a disability or because your disability sometimes affects your work. If you believe you were fired because of your disability, you can file a complaint with the EEOC within 180 or 300 days.
What is retaliation, and is it illegal?
Retaliation happens when your employer punishes you for requesting an accommodation, filing a complaint, or participating in an investigation. Punishment can include firing, cutting hours, reducing pay, giving worse assignments, or any negative change in your working conditions. Retaliation is illegal even if your original complaint was not valid. Document any retaliation and report it to the EEOC.
Do I need a lawyer to file a complaint with the EEOC?
No. You can file a complaint yourself online, by mail, by phone, or in person. However, a lawyer can help you understand your rights, gather evidence, and present your case. Many disability rights organizations offer free or low-cost legal help. You can search for legal aid in your area through your state bar association or the Legal Aid Corporation.