Disability Discrimination Workplace Guide
Workplace disability discrimination is a troubling issue that affects millions of Americans, causing significant distress and challenges for individuals who simply want to thrive in their jobs. Despite the existence of federal and state laws aimed at protecting workers with disabilities, many still grapple with harassment, denial of necessary accommodations, and hostile environments solely because of their physical or mental impairments.
Recent legal actions shed light on the harsh realities faced by these individuals. In September 2025, the Equal Employment Opportunity Commission (EEOC) took a stand by filing a lawsuit against Walmart Inc. for subjecting employees with intellectual disabilities to disturbing harassment, including degrading remarks like “stupid” and “slow.” Additionally, the denial of essential job coaching services added to their struggle, underscoring how pervasive and varied disability discrimination can be. This situation illustrates the profound impact of such treatment, creating unbearable conditions for these employees who deserve respect and support in their workplace.
Understanding your rights under federal and state disability laws is crucial for protecting yourself and creating truly inclusive workplaces.
Legal Framework Protecting Disabled Workers
Two primary laws protect employees from disability discrimination in the workplace.
The Americans with Disabilities Act (ADA) applies to employers with 15 or more employees and prohibits discrimination in hiring, firing, promotion, compensation, and other terms of employment. The ADA defines a disability as a physical or mental impairment that substantially limits one or more major life activities.
At the state level, California’s Fair Employment and Housing Act (FEHA) provides even broader protections, covering employers with five or more employees. FEHA often offers stronger remedies than federal law and may cover conditions not protected under the ADA.
Both laws share a common principle: qualified individuals with disabilities cannot be excluded from employment opportunities unless they cannot perform essential job functions even with reasonable accommodations.
Common Forms of Disability Discrimination
Harassment and Hostile Work Environment
Disability harassment creates a hostile work environment through offensive comments, slurs, or demeaning treatment. The Walmart case illustrates this clearly—employees faced repeated verbal abuse, including being called derogatory names and having managers shut doors on them while saying, “You are slow. You are stupid. You are done.”
Denial of Reasonable Accommodations
Employers must provide reasonable accommodations that enable employees with disabilities to perform their jobs effectively and efficiently. These accommodations might include:
- Modified work schedules or duties
- Assistive equipment or technology
- Job coaching services
- Accessible workspaces
- Medical leave for treatment
The Walmart case also involved denial of accommodations when managers refused to cooperate with job coaches provided at no cost through Wisconsin’s Division of Vocational Rehabilitation.
Unequal Treatment in Employment Decisions
Disability discrimination can manifest in hiring practices, job assignments, promotions, or terminations based on assumptions about a person’s capabilities rather than actual job requirements.
Employer Obligations Under the Law
Employers have specific legal obligations when working with employees with disabilities.
Providing Reasonable Accommodations
Companies must engage in an interactive process to determine appropriate accommodations. This means having genuine discussions about what modifications would enable the employee to perform essential job functions without causing undue hardship to the business.
Maintaining Confidentiality
Medical information about disabilities must be kept confidential and stored separately from personnel files. Employers cannot share this information with other employees unless necessary for accommodation purposes.
Preventing Harassment
Employers must take prompt action to stop disability harassment when they become aware of it. Simply ignoring complaints or deciding that harassment “isn’t a problem” violates federal law.
Employee Rights and Protections
Workers with disabilities have several important rights in the workplace.
Right to a Non-Discriminatory Environment
Every employee deserves a workplace free from discrimination and harassment based on their disability status. This includes protection from retaliation for reporting discriminatory conduct.
Right to Request Accommodations
Employees can request reasonable accommodations at any time during their employment. The request doesn’t need to use specific legal language—simply explaining that you need assistance due to a medical condition is sufficient to start the accommodation process.
Steps to Take When Discrimination Occurs
If you experience disability discrimination:
- Document everything – Keep detailed records of discriminatory incidents, including dates, witnesses, and specific comments or actions
- Report internally – Follow your company’s complaint procedures if they exist
- File with government agencies – Contact the EEOC or state fair employment agencies
- Seek legal counsel – Consult with experienced disability discrimination attorneys who understand your rights
Building Inclusive Workplaces
Creating truly inclusive work environments requires more than legal compliance. The most successful companies proactively foster cultures of respect and accommodation, recognizing that diverse perspectives and abilities strengthen their organizations.
Employees who face disability discrimination shouldn’t have to navigate these challenges alone. If you believe you’ve experienced discrimination, harassment, or been denied reasonable accommodations because of your disability, contact experienced legal counsel to discuss your rights and options. Taking action not only protects you but also helps ensure that other workers don’t face similar treatment.