Disability Discrimination

Disability discrimination has two faces: treating you worse because of a disability or medical condition, and refusing the reasonable accommodations that let you keep doing your job. Both are illegal under the ADA and the Pennsylvania Human Relations Act.

Reasonable Accommodation and the Interactive Process

The law works through a process called the interactive process:

• You request an accommodation, or the employer recognizes the need
• Employer and employee are supposed to discuss what works
• The employer must provide a reasonable accommodation unless it would cause significant difficulty or expense

Examples of accommodations include modified schedules, seated work, equipment changes, shift swaps, leave for treatment and adjusted duties. The employer does not get to pick the accommodation it likes and ignore workable options.

Signs You May Have a Case

• Your accommodation request was ignored, delayed or denied without discussion
• You were graded against restrictions the employer refused to accommodate
• Medical information you shared spread around the workplace
• You were pushed toward disability retirement or resignation after an injury
• A leave extension was denied even though your doctor documented the need

What To Do Now

1. Make requests in writing, even if you also asked verbally
2. Keep medical notes and restrictions, and give the employer what it reasonably asks for
3. Suggest workable options in writing so refusal is on the record
4. Track how similarly situated employees were handled
5. Do not resign over a denied accommodation before getting legal advice

Frequently Asked Questions

Do I have to tell my employer my exact diagnosis?

You have to give enough information to show a covered condition and the need for accommodation, and employers can ask for documentation. You generally do not have to share your full medical file.

What if there is no accommodation that works?

The duty is to accommodate reasonably, not guarantee every outcome. But employers give up too early far more often than accommodations are truly impossible.

This page describes the law in general terms. It is not legal advice for your specific situation, and deadlines can be short. Call the firm for a free evaluation of your case.