As plaintiff’s employment attorneys, we have seen how employers across Illinois unintentionally, and sometimes willfully, violate the Americans with Disabilities Act (ADA). These violations often stem from misunderstanding the law, poor communication, or a lack of proper workplace training. The ADA, enforced under 42 U.S.C. § 12101, and its Illinois counterpart, the Illinois Human Rights Act (775 ILCS 5/1-101), are designed to protect workers from discrimination based on physical or mental disabilities. Yet, employers continue to make preventable mistakes that can lead to lawsuits, reputational harm, and significant financial penalties.
Illinois employers are required to provide reasonable accommodations to qualified employees with disabilities unless doing so would cause undue hardship. Despite this clear standard, many employers mishandle requests, fail to document decisions properly, or retaliate against employees who assert their rights. Below are some of the most common employer errors that lead to ADA violations.
One of the most common and damaging mistakes employers make is failing to engage in a proper “interactive process.” Under 29 C.F.R. § 1630.2(o)(3), when an employee requests a reasonable accommodation, the employer must communicate in good faith to determine what adjustments can be made to enable the employee to perform essential job functions.
Too often, employers either ignore accommodation requests, rely on assumptions about an employee’s disability, or simply deny requests without discussion. When employers skip this legally required dialogue, they risk violating the ADA. Courts consistently view this failure as evidence of discrimination. In Illinois, where many workplaces are small and informal, this mistake occurs frequently when managers are not trained in HR compliance or fail to properly escalate accommodation requests.
The ADA strictly limits when and how an employer can request medical information from an employee. Under 42 U.S.C. § 12112(d)(4), employers may not make unnecessary or intrusive medical inquiries unless they are job-related and consistent with business necessity. However, we often see employers asking for detailed diagnoses or demanding full medical records when only limited information is needed to assess accommodations.
Additionally, any medical information obtained must be kept confidential and stored separately from personnel files. Employers who share this information with co-workers or use it in performance evaluations risk significant liability.
Another major error is retaliation. Under both federal law and the Illinois Human Rights Act, it is illegal for an employer to retaliate against an employee for asserting ADA rights, filing a complaint, or participating in an investigation. Retaliation can include termination, demotion, pay reduction, or subtle acts like schedule changes or exclusion from meetings.
We regularly handle cases where employees are fired shortly after requesting accommodations or returning from medical leave. In such cases, timing often serves as strong circumstantial evidence of retaliation. Even if the employer claims performance issues were the reason for termination, inconsistent documentation can expose the true motive.
Some employers believe that ADA protections only apply to employees with permanent or severe disabilities. This is incorrect. The ADA Amendments Act of 2008 expanded coverage to include temporary impairments that substantially limit major life activities. For example, an employee recovering from surgery or a serious injury may qualify for protection, even if the condition is not permanent.
Employers who deny accommodations because they view a disability as “temporary” or “minor” can face legal exposure. Illinois courts have consistently ruled that short-term disabilities can still trigger ADA protections when they interfere with essential job functions.
Employers are not expected to eliminate essential job duties, but they must consider reasonable alternatives to allow qualified individuals to work effectively. Common examples include modified schedules, remote work, assistive equipment, or temporary job restructuring.
Many ADA violations occur when employers deny accommodations outright without considering available options. Courts expect employers to document their analysis and show that they explored alternatives before rejecting a request. Without such documentation, employers appear negligent or discriminatory.
Finally, a large percentage of ADA violations result from inadequate training. Supervisors and managers often act as the first point of contact for accommodation requests. When they lack understanding of ADA obligations, they may dismiss or mishandle those requests, inadvertently creating liability for the company.
Illinois employers must ensure that anyone responsible for personnel decisions is properly trained on both federal and state disability laws. Preventative education and clear HR policies are far less costly than litigation.
A disability is defined as a physical or mental impairment that substantially limits one or more major life activities, such as walking, seeing, hearing, speaking, breathing, or working. The law also protects individuals who have a history of such impairment or are perceived as having one, even if they do not currently experience limitations.
Yes. Any employer with 15 or more employees is covered by the ADA. However, under the Illinois Human Rights Act, the threshold is lower—just one employee. This means that almost every employer in Illinois is required to comply with state disability protections.
Yes, but only to the extent necessary to verify the condition and its impact on job performance. The request must be limited and relevant. Employers are not entitled to full medical records or unrelated health information.
An employee can file a complaint with the Equal Employment Opportunity Commission (EEOC) or the Illinois Department of Human Rights (IDHR). Both agencies investigate disability discrimination and retaliation claims. Legal representation can help ensure deadlines are met and evidence is preserved.
Yes. Conditions such as depression, anxiety, and post-traumatic stress disorder are protected if they substantially limit a major life activity. Employers must evaluate each request for accommodation on an individual basis and cannot rely on stereotypes or stigma when making employment decisions.
Only if the employer can demonstrate that the accommodation would create an undue hardship—meaning significant difficulty or expense relative to the size and resources of the business. This defense is narrowly interpreted, and most accommodations are inexpensive or easily implemented.
In Illinois, employees generally have 300 days from the date of the discriminatory act to file an EEOC charge. Timely action is essential because missing the filing deadline can bar recovery.
ADA violations often arise from inadequate training, rushed decisions, or retaliation against employees who simply request fair treatment. At North Suburban Legal Services, we hold employers accountable when they fail to follow the law or punish workers for asserting their rights. Our attorneys understand both the ADA and the Illinois Human Rights Act, and we fight tirelessly to secure justice and compensation for victims of workplace discrimination and retaliation.
Contact our Chicago employment lawyers at North Suburban Legal by calling 312-909-6089 to receive your free consultation. North Suburban Legal Services represents clients across Chicago and throughout Illinois, helping workers protect their rights, livelihoods, and dignity under state and federal laws.