Disability Discrimination
As a qualified employee or job applicant, you deserve to be treated fairly regardless of disability. It is unlawful to be treated unfavorably because of a disability, whether it's a supervisor or a co-worker creating a hostile environment. When it happens, you're entitled to take action — and in some cases, compensation.
At Business Law Group, our disability discrimination lawyer in New Orleans understands the Americans with Disabilities Act (ADA) and will uphold your rights. Contact us at (504) 446-6506 to schedule a consultation.
Rights for Employees with Disabilities
Free from Harassment
No harassment regarding a disability by supervisors, managers, or co-workers.
Reasonable Accommodations
The right to request accommodations to apply for or perform a job.
Privacy
Employers are very limited in what they can ask about your health.
Confidentiality
Health information you do share must be kept confidential, with limited exceptions.
Free from Retaliation
No retaliation for complaining about disability discrimination, or for being associated with someone who does.
These rights come from the Americans with Disabilities Act (1990) and the ADA Amendments Act (2008), which clarified the scope and definition of disability under the ADA.
What Disability Discrimination Looks Like
Inaccessible Areas
A disabled employee should have the same access to office areas as everyone else — leaving areas inaccessible is a failure to comply with the ADA.
Denied Accommodations
If an accommodation would be no hardship for the employer to provide — like a quieter workspace for someone hard of hearing — and they refuse, that's a potential claim.
Harassment
Jokes or teasing about a disability — even disabilities in general, not just the employee's own — can create a hostile work environment.
Loss of Promotion
Being passed over because of your own disability, or a family member's, is unlawful.
What Counts as a Disability?
To be protected under the EEOC and ADA, you must be qualified for the job and have a disability as legally defined — established one of three ways: (1) a physical or mental condition that substantially limits a major life activity, (2) a history or record of such a condition even if you don't have it now (e.g., cancer in remission), or (3) being regarded as having an impairment, whether or not one actually exists or actually limits a major life activity.
Examples of qualifying disabilities include autism, bipolar disorder, blindness, cancer, cerebral palsy, deafness, severe depression, diabetes, epilepsy, HIV infection, loss of limbs, multiple sclerosis, muscular dystrophy, paraplegia, PTSD, quadriplegia, and schizophrenia. Compulsive gambling, kleptomania, pedophilia, substance use disorders stemming from current illegal drug use, and sexual behavior disorders do not qualify as disabilities under the ADA.
What Employers Should Do to Prevent It
Company-Wide Training
Train every employee, including leadership, on what disability discrimination looks like — starting at onboarding and refreshed regularly as laws change.
Clear Policies
Put a written policy in place with a real complaint procedure, and follow through with discipline when appropriate.
If You've Been Discriminated Against
- Confirm your disability is protected — the legal definition can vary by jurisdiction.
- Document everything — dates, times, witnesses, and how the employer responded to any request or complaint.
- Report it internally to a manager, supervisor, or HR.
- File an EEOC complaint if the response is inadequate — generally within 180 days of the last incident (up to 300 in some cases).
- Contact an employment law attorney to guide you through the process.
Ready to talk to someone? Complete our employee intake form and we'll follow up.
Talk to an Employment Law Attorney in New Orleans
If you believe you've experienced disability discrimination at work, we can help you understand where you stand and what steps make sense next.
Contact us using our online form or by calling (504) 446-6506 to schedule a consultation.
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