Learn About Disability Discrimination Claims and Laws

Understanding Disability Discrimination Under U.S. Law

Disability discrimination occurs when a person is treated unfairly because of a disability. In the United States, several federal laws protect people with disabilities from this kind of treatment in workplaces, schools, public spaces, and when getting services. The main law protecting people with disabilities is the Americans with Disabilities Act (ADA), passed in 1990. This law makes it illegal for employers, schools, government agencies, and businesses that serve the public to discriminate based on disability.

Disability under these laws includes physical disabilities, mental health conditions, intellectual disabilities, and sensory disabilities like blindness or deafness. It also includes long-term conditions like diabetes, cancer, HIV/AIDS, and arthritis. The law recognizes that a disability is a condition that substantially limits one or more major life activities. Major life activities include working, learning, communicating, walking, seeing, hearing, and taking care of yourself.

According to the U.S. Census Bureau, about 27 million American adults have a disability that affects their daily activities. Despite legal protections, the Equal Employment Opportunity Commission (EEOC) reports receiving between 30,000 and 35,000 disability discrimination complaints each year. This shows that discrimination remains a real problem in American workplaces and communities.

Understanding your rights under disability discrimination laws is important because these protections cover many situations. Whether you work, go to school, use public transportation, visit a restaurant, or interact with government services, disability discrimination laws may apply. Knowing what the law prohibits can help you recognize when discrimination might be happening and understand what options may be available to address it.

Practical Takeaway: Disability discrimination is illegal under federal law when a person is treated unfairly because of a disability in employment, education, or public services. Learning the basics of these laws helps you understand your rights in different situations.

How the Americans with Disabilities Act (ADA) Works

The Americans with Disabilities Act has five main parts called titles, each covering different areas of life. Title I covers employment and applies to companies with 15 or more employees. Title II covers public services provided by state and local governments. Title III covers businesses open to the public, like restaurants, stores, and hotels. Title IV covers telecommunications, and Title V covers miscellaneous provisions and rules about how the law works.

Under Title I, employers cannot discriminate in hiring, firing, pay, job assignments, or promotions based on disability. The law also requires employers to provide reasonable accommodations—changes to the work environment or how work is done—so that people with disabilities can do their jobs. Examples of reasonable accommodations include flexible work schedules, accessible parking, modified equipment, job restructuring, and allowing service animals in the workplace. If an accommodation would cause significant difficulty or expense to the business, the employer may not be required to provide it, but they must explain this decision.

Title II requires public services to be accessible to people with disabilities. This means government agencies must make their services, programs, and activities available to people with disabilities. For example, a city government must provide interpreters for people who are deaf, large-print materials for people with vision loss, and accessible entrances to government buildings. Public transportation systems must have accessible vehicles and stations.

Title III requires businesses open to the public to remove barriers to accessibility when this is achievable. Examples include installing ramps, ensuring websites are usable by people with vision loss using screen readers, providing captions for videos, and allowing service animals. Businesses must also make their services available in accessible formats when someone requests them. The law recognizes that some barriers may be expensive or difficult to remove, and businesses have time to plan and budget for these changes.

Practical Takeaway: The ADA covers employment, public services, and public businesses through different sections. Each section requires organizations to treat people with disabilities fairly and make reasonable changes to allow people with disabilities to participate.

Other Federal Laws Protecting Against Disability Discrimination

Beyond the ADA, several other federal laws protect people with disabilities from discrimination. Section 504 of the Rehabilitation Act of 1973 covers organizations that receive federal funding. This includes schools, hospitals, social service agencies, and many other organizations. Section 504 has similar protections to the ADA, requiring these organizations to make reasonable accommodations and remove barriers to accessibility.

The Individuals with Disabilities Education Act (IDEA) specifically protects students with disabilities in schools. IDEA requires schools to provide special education and related services to children with disabilities ages 3 through 21. These services must be provided at no cost to families. Schools must create an Individualized Education Program (IEP) for each student that describes the student's needs and the services the school will provide. IDEA also protects students from discrimination in school discipline—schools cannot suspend or expel students with disabilities based on behaviors related to their disability without following specific procedures.

The Fair Housing Act makes it illegal to discriminate in housing based on disability. This law applies to landlords, homeowners who sell their homes, real estate agents, and lenders. Housing providers must allow people with disabilities to make reasonable modifications to their homes at their own expense, such as installing grab bars or ramps. Landlords must also make reasonable accommodations in rules, practices, and services to allow people with disabilities to use and enjoy their homes.

The Air Carrier Access Act requires airlines to provide accommodations for passengers with disabilities, including boarding assistance, accessible seating, and allowing service animals. The Voting Accessibility for the Elderly and Handicapped Act requires polling places to be accessible to people with disabilities. State laws often provide additional protections beyond federal law. Many states have their own disability discrimination laws that may apply in situations where federal law does not.

Practical Takeaway: Multiple federal laws protect against disability discrimination in different settings. Understanding which law applies to your situation—whether it's school, housing, travel, or organizations that receive federal funding—helps you know what protections you may have.

What Counts as Disability Discrimination in Employment

In the workplace, disability discrimination can happen in many different ways. Discrimination occurs when an employer treats a worker or job applicant worse because of their disability. This might include not hiring someone because of a disability, firing someone due to disability, denying promotions, paying lower wages, or giving worse assignments or shifts.

Discrimination can also happen when an employer fails to provide reasonable accommodations. For example, if a person using a wheelchair asks for a desk that is the right height for wheelchair use, or if a person who is deaf asks for an interpreter in meetings, and the employer refuses without a good reason, this may be discrimination. The employer must provide the accommodation unless it would cause significant difficulty or expense.

Harassment based on disability is also illegal. This includes jokes, insults, or comments about someone's disability. Harassment can come from supervisors, coworkers, or clients. If an employer knows about harassment and does not stop it, the employer may be liable for the discrimination. This is true even if the employer did not create the hostile environment.

Discrimination can be intentional or unintentional. An employer who refuses to hire someone because of a disability is intentionally discriminating. However, discrimination can also happen when an employer applies a rule or policy that seems neutral but actually disadvantages people with disabilities. For example, a rule requiring all employees to work full-time might discriminate against people with disabilities who need flexible schedules for medical appointments or treatment. In such cases, the employer may still be breaking the law unless the rule is necessary for the job.

The EEOC receives disability discrimination complaints in many industries and job types. Common complaints involve failure to provide reasonable accommodations, wrongful termination after disclosure of disability, and harassment. Private employers with 15 or more employees, federal agencies, and some state and local government employers are covered by these protections.

Practical Takeaway: Disability discrimination in employment includes not being hired or promoted, being fired, harassment, or being denied reasonable accommodations. Recognizing these forms of discrimination is the first step in understanding whether your situation may involve illegal treatment.

How to File a Disability Discrimination Complaint

If you believe you have experienced disability discrimination, there are steps you can take to file a complaint. For employment discrimination, you can file a charge with the Equal Employment Opportunity Commission (EEOC). You can file in person at a local EEOC office, by mail, by phone, or through the EEOC website. There is no cost to file a charge. The