What Qualifies as Disability Discrimination Under Employment Law?
July 9, 2026
Disability discrimination may occur when an employer treats a qualified employee or applicant unfavorably because of an actual, past, or perceived disability or refuses to provide a reasonable accommodation. Federal and Ohio laws prohibit certain forms of disability-based discrimination in hiring, pay, promotions, job assignments, leave, and termination.
From our office in Dayton, Ohio, Duwel Law represents employees throughout Montgomery County, Miami County, Greene County, Darke County, and Warren County. If you believe an employer has treated you unlawfully because of a disability, contact us to discuss your circumstances with an employment law attorney.
Defining a Qualifying Disability in the Workplace
Under the Americans with Disabilities Act, a disability generally means a physical or mental impairment that substantially limits one or more major life activities. Major life activities include walking, seeing, hearing, speaking, working, concentrating, communicating, and caring for yourself. They also include major bodily functions, such as neurological, immune, respiratory, and endocrine functions.
The law may protect individuals in three categories:
Actual disabilities: Physical or mental impairments that substantially limit a major life activity, including conditions such as diabetes, epilepsy, severe arthritis, mobility impairments, major depressive disorder, or post-traumatic stress disorder.
Records of disabilities: A documented history of a substantially limiting impairment, such as cancer that is in remission.
Perceived disabilities: Situations in which an employer takes prohibited action because it believes a person has an impairment, even if the condition does not substantially limit a major life activity.
In determining whether an impairment substantially limits a major life activity, the positive effects of mitigating measures such as medication, hearing aids, or prosthetic devices generally are not considered. Ordinary eyeglasses and contact lenses are treated differently. A condition that is episodic or in remission may also qualify if it would substantially limit a major life activity when active.
An employee protected solely because an employer regarded them as having a disability generally cannot obtain a reasonable accommodation on that basis alone. The protections available depend on the nature and effects of the condition and the specific type of employment claim being pursued.
Identifying Adverse Actions and Disability-Based Discrimination
Disability discrimination can occur when an employer treats a qualified applicant or employee unfavorably because of a disability. A qualified individual must be able to perform the essential functions of the position, with or without a reasonable accommodation.
Potentially discriminatory actions include:
Biased hiring practices: Rejecting a qualified applicant because of a disclosed medical condition, disability, or visible mobility aid.
Unequal compensation or advancement: Paying an employee less, withholding employment benefits, or denying a promotion because of a disability.
Discriminatory discipline or termination: Disciplining or terminating an employee because of a disability, a reasonable accommodation request, or legally protected disability-related leave.
Disability-based harassment: Subjecting an employee to severe or pervasive offensive conduct because of a disability.
A negative employment decision is not automatically discriminatory merely because it follows the disclosure of a medical condition. The evidence must connect the action to disability bias or another violation of applicable law. Employers may still enforce legitimate performance and conduct standards if they apply them lawfully and consistently.
Relevant evidence may include performance reviews, emails, text messages, accommodation requests, disciplinary records, witness accounts, and changes in how a supervisor treated the employee. We help workers evaluate the sequence of events and determine whether the available facts may support a discrimination claim.
Evaluating a Failure to Provide Reasonable Accommodations
Covered employers generally must provide reasonable accommodations to qualified applicants and employees with known disabilities unless doing so would cause an undue hardship. An undue hardship means significant difficulty or expense when evaluated in light of factors such as the employer’s resources, size, and operations.
A reasonable accommodation is a workplace adjustment that helps a qualified individual apply for a position, perform essential job duties, or receive equal access to employment benefits. Depending on the employee’s needs and the position, accommodations may include:
Changing the physical workspace: Installing accessible equipment, modifying desk height, or providing compatible computer software.
Adjusting a work schedule: Allowing modified start times, periodic breaks, or schedule changes for treatment appointments.
Modifying workplace policies: Permitting an exception to a policy when doing so would allow the employee to perform the job without creating an undue hardship.
Providing leave or reassignment: Granting disability-related leave or considering reassignment to a vacant position when the circumstances and applicable law support it.
An employee does not need to use a specific legal phrase to request an accommodation, but the employee generally must communicate that a change at work is needed because of a medical condition. When the appropriate accommodation is not apparent, the employer and employee should engage in an interactive discussion to identify a workable option.
An employer does not necessarily have to provide the employee’s preferred accommodation if another effective option is available. Employers also are not generally required to eliminate essential job functions, create a new position, or accept an accommodation that would impose an undue hardship. We help employees document their requests, respond to requests for appropriate medical information, and evaluate whether an employer meaningfully considered available accommodations.
Other Conduct That May Violate Disability-Discrimination Laws
Disability protections extend beyond hiring, firing, and accommodations. Employers generally must keep employee medical information confidential and maintain it separately from ordinary personnel records, subject to limited exceptions. Disability-related medical examinations and inquiries are also restricted and must satisfy applicable legal requirements.
The law also prohibits retaliation against employees who request an accommodation, report disability discrimination, file an administrative charge, or participate in an investigation. Retaliation may include termination, demotion, unfavorable scheduling, heightened discipline, or another materially adverse action taken because the employee exercised a protected right.
Employees should preserve relevant communications and employment records rather than relying solely on memory. They should also be mindful of filing deadlines. In Ohio, an employment-discrimination charge generally must be filed with the Ohio Civil Rights Commission within two years of the alleged discriminatory act. A federal EEOC charge in Ohio generally has a shorter 300-day deadline. The correct deadline depends on the claim and forum.
Protecting Your Workplace Rights With Our Employment Law Firm
Disability discrimination can affect your income, health, professional reputation, and future employment opportunities. At Duwel Law, we help workers assess adverse employment actions, document accommodation requests, preserve evidence, file administrative charges, negotiate with employers, and pursue litigation when warranted.
From our Dayton office, we represent employees throughout Montgomery County, Miami County, Greene County, Darke County, and Warren County. Contact our firm today to discuss suspected disability discrimination and the options available under federal and Ohio employment law.