As employment attorneys representing workers in Chicago, we’ve seen how disability discrimination continues to affect people across industries. Employees with physical or mental impairments often face unfair treatment, from being denied reasonable accommodations to being terminated under false pretenses. While both federal and Illinois laws protect workers from discrimination based on disability, many people don’t realize how strong those protections are until their rights are violated.
If you live or work in Illinois and have a disability, you are legally entitled to be treated fairly and with respect in the workplace. Employers cannot fire you, demote you, refuse to hire you, or deny you promotions because of a disability. They also must make reasonable accommodations unless doing so would cause significant hardship. When they fail to follow the law, we hold them accountable.
Under the federal Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq., it is unlawful for employers with 15 or more employees to discriminate against a qualified individual with a disability. A “qualified” individual is someone who can perform the essential functions of their job with or without reasonable accommodation.
Illinois law provides additional protections under the Illinois Human Rights Act (775 ILCS 5/1-101 et seq.). This state law applies to employers with just one employee, expanding coverage beyond what federal law requires. The Illinois statute defines disability broadly, including both physical and mental conditions that limit a major life activity.
In both systems, discrimination includes failure to hire, wrongful termination, harassment, and failure to provide accommodations. If an employer retaliates against you for requesting accommodations or filing a complaint, that’s also illegal under both the ADA and Illinois law.
Employers are required to engage in a good-faith, interactive process with employees who request accommodations. A reasonable accommodation can include modified work schedules, reassignment to a vacant position, remote work options, assistive technology, or physical modifications to the workspace.
However, not every request must be granted. If an accommodation would impose an “undue hardship,” defined under 29 C.F.R. § 1630.2(p) as significant difficulty or expense, the employer may deny it. But they must provide specific reasons and cannot simply rely on vague claims of inconvenience or cost.
We’ve helped clients who were denied accommodations for anxiety, depression, chronic illness, or mobility impairments. In many cases, the request could have been honored with little effort or expense. When employers refuse or retaliate, we take legal action to protect your rights.
Proving discrimination requires evidence that you were qualified for your position, that you suffered an adverse employment action, and that your disability was a motivating factor. In retaliation cases, the law requires showing that you engaged in a protected activity, like requesting accommodations or filing a complaint, and that your employer took negative action in response.
These cases often depend on documents, witness testimony, emails, and performance reviews. Sometimes, discrimination is clear and direct. Other times, it’s subtle, shifting responsibilities, exclusion from meetings, or a sudden drop in performance ratings. We build strong legal arguments using facts, not assumptions.
Yes. Under both the ADA and the Illinois Human Rights Act, employers must provide reasonable accommodations to qualified individuals with disabilities unless doing so would create an undue hardship. You do not have to use specific legal language when requesting an accommodation, but it’s a good idea to make your request in writing and keep a copy for your records.
Report it immediately to your HR department or supervisor. If the harassment continues or if you face retaliation, contact an attorney. Both state and federal law protect employees from disability-based harassment, and your employer has a duty to take corrective action once they are aware of the issue.
No. If you qualify for leave under the Family and Medical Leave Act (FMLA) or request time off as a reasonable accommodation, your employer cannot terminate you for that reason. If you are fired after disclosing your medical condition or requesting leave, this may be considered retaliation.
Both the ADA and Illinois law have broad definitions of disability. You don’t need to be completely unable to work, only limited in a major life activity such as walking, breathing, concentrating, or working. Conditions like anxiety, diabetes, or chronic fatigue may be covered. Your employer is not allowed to make medical judgments without proper evaluation.
Under federal law, you must file a charge with the Equal Employment Opportunity Commission (EEOC) within 300 days of the discriminatory act. Under Illinois law, you must file with the Illinois Department of Human Rights (IDHR) within 300 days as well. Missing this deadline can prevent you from pursuing your claim.
Yes, if the facts support it. After filing a charge with the EEOC or IDHR, you may receive a Notice of Right to Sue. At that point, you can file a lawsuit in state or federal court. Damages may include lost wages, emotional distress, reinstatement, and attorney’s fees.
Discriminatory denial of a promotion is unlawful. If you were qualified and denied a promotion based on your medical condition, you may have a legal claim. It’s important to document the decision-making process and seek legal counsel to evaluate your options.
Disability discrimination can be isolating, unfair, and damaging to your career. If your rights have been violated, we are here to help you take legal action and restore your dignity. We represent clients throughout the city of Chicago. Contact our Chicago employment law attorneys at North Suburban Legal by calling 312-909-6089 to receive your free consultation.