Disability Discrimination under the Americans with Disabilities Act as a Cause of Action

Individuals who face workplace discrimination because of a disability may have a legal claim under the Americans with Disabilities Act (ADA). The ADA is a federal law that prohibits employers from treating qualified individuals unfairly because of a physical or mental impairment. To bring a successful claim for disability discrimination, a person must show certain facts that courts recognize as the foundation of a valid case.

The Employer is Covered by the ADA

First, the employer must be subject to the ADA. This typically means the employer has 15 or more employees. The law applies to most public and private employers, as well as employment agencies and labor organizations. If the employer is not covered by the ADA, then this law does not apply, although other local or state laws may still offer protections.

The Employee Has a Disability or Was Regarded as Disabled

The person bringing the claim must either have a disability as defined by the ADA, or must have been treated by the employer as if they did. A disability under the ADA includes a physical or mental condition that substantially limits a major life activity, such as walking, seeing, thinking, concentrating, or working. Even if a person is not actually disabled, the ADA protects individuals who are perceived by their employer to have a disability and are treated unfairly because of that perception.

The Employee Was Qualified for the Job

The employee must have been qualified to perform the essential duties of the job. This means they had the required skills, education, and ability to carry out the job’s core tasks, with or without reasonable accommodation. Reasonable accommodations may include modifications to work schedules, adjustments to workspaces, changes in equipment, or job restructuring that allows the person to fulfill the role without causing undue hardship to the employer.

The Employee Faced an Adverse Employment Action

To bring a valid claim, the employee must show that they experienced a significant negative job outcome. This could include being fired, demoted, denied a promotion, harassed, or excluded from workplace opportunities. The key is that the action had a meaningful and harmful effect on the employee’s job.

The Action Was Because of the Disability

Finally, the employee must show that the adverse action happened because of their disability. It is not enough to prove that they have a disability and that something bad happened at work. There must be evidence connecting the disability to the negative treatment. This might be shown through timing, employer statements, denial of accommodations, or patterns of behavior.

Conclusion

Disability discrimination under the ADA offers important protections for workers throughout the United States. But not every workplace problem involving a disabled person qualifies as discrimination. A successful claim must meet specific legal elements: the employer must be covered, the person must have or be regarded as having a disability, the person must be qualified for the job, they must have suffered a negative employment action, and that action must have been because of the disability. Understanding these elements helps both workers and employers recognize when a legal issue may arise and what steps may be necessary to protect or assert workplace rights.

Find the Law

“To state a plausible claim for discrimination under the ADA, a plaintiff must adequately allege that: (1) his or her employer is subject to the ADA; (2) he or she is disabled within the meaning of the ADA or perceived to be disabled by his or her employer; (3) he or she was otherwise qualified to perform the essential functions of the job with or without reasonable accommodation; (4) he or she suffered an adverse employment action; and (5) the adverse action was imposed because of his or her disability.” Cangro v. N.Y.C. Dep’t of Fin., 23-CV-10097 (LAP), at *6-7 (S.D.N.Y. Aug. 14, 2024)

The Americans with Disabilities Act, 42 U.S.C. § 12112(a) provides, “No covered entity shall discriminate against a qualified individual on the basis of disability in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions and privileges of employment.”