Disability Discrimination Lawyer

What is disability discrimination?

Employers commit disability discrimination when they treat a qualified worker unfairly because of a disability — or refuse to provide a reasonable accommodation. This includes firing, demoting, or refusing to hire someone who can do the job with reasonable support. The Americans with Disabilities Act (ADA) and state law require fair treatment.

Disability discrimination often starts the moment you ask for something you’re legally entitled to.

How disability discrimination shows up at work

You request a reasonable accommodation and get silence, delay, or a flat no
You’re treated as unreliable after disclosing a condition
You’re demoted or let go soon after your employer learns about your disability
You’re denied a job you can clearly do, with or without accommodation
You’re excluded from meetings, projects, or the physical workspace itself
You’re penalized for a condition your employer only assumes you have

Federal and state protections

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What the law says about disability discrimination

Federal

The Americans with Disabilities Act (ADA) prohibits discrimination against qualified workers with disabilities and requires employers to provide reasonable accommodations unless doing so causes undue hardship. It applies to employers with 15 or more employees. The 2008 ADA Amendments broadened the definition of disability.

Minnesota

The MHRA prohibits disability discrimination, requires reasonable accommodations, and applies to smaller employers than the ADA.

Learn more

Illinois

The IHRA prohibits disability discrimination and requires reasonable accommodations for qualified workers.

Learn more

Not sure which law applies to your situation? That’s what we figure out with you.

Accommodation

Your right to a reasonable accommodation

If you have a disability, your employer is required by law to work with you to find a reasonable accommodation — a change that lets you do your job. That might mean modified equipment, a flexible schedule, remote work, reassignment to a vacant role, or time off for treatment.

The process is supposed to be a conversation. You ask, and your employer has to engage in good faith to find something that works — not just say no.

An employer can only refuse if the accommodation would cause “undue hardship,” meaning significant difficulty or expense relative to the size and resources of the business. For most employers, that’s a high bar. Simply finding it inconvenient isn’t enough.

If your employer ignored your request, dragged out the process, or denied a reasonable accommodation without a real justification, that may be a violation of your rights.

What a disability discrimination case can recover, if your case is successful:

Back pay for wages you lost
Front pay for future wages
Reinstatement to your job (if that’s what you want)
Compensation for emotional distress
Punitive damages against the employer (in serious cases)
Attorney’s fees and costs

Every case is different. What you can recover depends on the facts, the law, and the employer’s conduct.

Wanta Thome partners and legal team standing together outdoors — *Prior results do not guarantee a similar outcome.

What clients say

“I was denied fair treatment for years due to my disability, and no one took me seriously. Wanta Thome gave me hope—and justice. Their support changed my life.”

Sarah
“This law firm knows what they’re doing. They’re compassionate, knowledgeable, and relentless in fighting for their clients.”

James

How we handle disability discrimination cases

Every case starts with a free call. We listen first. If you have a case, we tell you what it looks like — what’s likely to happen, how long it might take, what’s realistic. If you don’t have a case, we tell you that too and try to point you toward someone who can help.

On contingency, you pay nothing unless we win.

Attorneys who handle these cases

Meet the full team

Shawn Wanta

Founding Partner

Recognized among the nation’s Top 100 Civil Plaintiff and Top 10 Wage and Hour attorneys, a determined litigator fighting for workers in class and collective actions.

Admitted in MN · IL

Joni Thome

Founding Partner

Drawing on 25 years of representing professionals and managers, a steady advocate for employees facing discrimination, harassment, and retaliation in the workplace.

Admitted in MN

Suzanne Heywood

Attorney

Driven by her own encounters with corporate unfairness, a tenacious champion focused on protecting the rights, livelihoods, and futures of hardworking professionals.

Admitted in IN · IL · MI

Luke Molvarec

Attorney

Forged by his background as a Marine, an unwavering defender fighting to level the playing field and secure meaningful financial recovery for unfairly treated workers.

Admitted in IL

Common questions about disability discrimination

What counts as a disability under the law?

A disability is a physical or mental condition that substantially limits a major life activity. Since the 2008 ADA Amendments, this is interpreted broadly. You’re also protected if you have a history of a condition, or if your employer wrongly assumes you have one.
What is a reasonable accommodation?

It’s a change to your job or workplace that lets you do your work despite a disability — modified schedules, equipment, remote work, or reassignment. Your employer must provide it unless it causes undue hardship, meaning significant difficulty or expense for the business.
Can I be fired for requesting an accommodation?

No. Requesting an accommodation is a protected activity, and firing or punishing you for asking is illegal retaliation. If adverse action followed soon after your request, the timing can be significant evidence.
What if my disability isn’t visible?

Invisible disabilities — like chronic illness, mental health conditions, or learning disabilities — are protected the same as visible ones. If your condition substantially limits a major life activity, it can qualify regardless of whether others can see it.
What if my employer says accommodating me is too expensive?

Cost alone rarely justifies refusal. “Undue hardship” is measured against the employer’s size and resources, and for most employers it’s a high bar. An employer generally can’t refuse simply because an accommodation is inconvenient or modestly costly.

See all discrimination FAQs

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Common questions

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How much is a disability discrimination case worth?

It depends on your losses and the employer’s conduct — back pay, future pay, emotional distress, punitive damages in serious cases, and attorney’s fees. We’ll assess yours honestly once we understand the facts.

How long do I have to file a race discrimination claim?

Federal deadlines can be as short as 180 or 300 days, with different state timelines. The clock starts early, so reach out soon.

Do I need to file with the EEOC first?

For most federal claims, yes. State claims may differ. We handle the filing and make sure it’s on time.

Do I need a lawyer for a race discrimination claim?

You can file alone, but accommodation rules, deadlines, and evidence get complex. A lawyer helps you avoid mistakes, with no upfront cost on contingency.

Can I still have a case if I’m still employed?

Yes. A denied accommodation or worse treatment because of a disability can be a claim while you’re still working.

Disability Discrimination