Skip to main content

WorkRights public legal education

Disability Discrimination at Work

Disability discrimination can involve hiring, job assignments, discipline, attendance, leave, termination, medical inquiries, or an employer’s assumptions about what a worker can safely or reliably do.

Disability discrimination can involve hiring, job assignments, discipline, attendance, leave, termination, medical inquiries, or an employer's assumptions about what a worker can safely or reliably do.

It is related to—but not identical with—a reasonable-accommodation claim.

Identify the employment decision

Was the problem a refusal to hire, a restriction on duties, a forced leave, discipline for disability-related conduct or absence, removal from a position, or termination? What did the employer know about the condition or limitation when the decision was made?

Separate medical facts from work facts

The most useful record explains functional limitations and job duties without turning the employment file into an unnecessary medical-history archive. Preserve job descriptions, restrictions, accommodation communications, essential-function discussions, attendance records, discipline, and the employer's stated reason.

Watch for assumptions

Statements suggesting that a worker is “too risky,” “will be out too much,” cannot handle the job, or should go on leave may matter if they reflect disability-based assumptions rather than an individualized assessment. But safety, qualification, essential functions, attendance, and undue hardship can present legitimate issues depending on the facts.

Use the accommodation guide when the request itself is central

If the main dispute is whether the employer should change a schedule, duty, equipment, policy, leave arrangement, or another work condition, the disability-accommodation page is the better starting point.