As a disability discrimination attorney in Chicago, I understand how important it is for individuals with disabilities to have the workplace accommodations they need. Under both federal and Illinois law, employees with disabilities are entitled to reasonable accommodations in the workplace. These accommodations are designed to make sure people with disabilities can perform their job duties effectively. Unfortunately, some employers fail to fulfill these legal obligations, leaving workers to face unfair and discriminatory conditions.
If you or a loved one were denied an accommodation or feel like your rights have been violated, it is important that you understand your rights and how to protect those valuable legal rights. These laws are designed to protect workers with disabilities, ensuring they have the same opportunities as their colleagues. As a disability discrimination attorney, I am committed to helping individuals in Illinois fight for the accommodations they need and deserve. We will now look at the state and federal laws concerning disability accommodations in Illinois, discuss how you can file a claim if you are wrongfully denied accommodations, and outline the potential ramifications employers face for violating these laws.
Under both federal and state law, employers in Illinois are required to provide reasonable accommodations to qualified employees with disabilities. Two primary laws protect workers in these situations: the Americans with Disabilities Act (ADA) and the Illinois Human Rights Act (IHRA).
The Americans with Disabilities Act (ADA) is a federal law that prohibits discrimination against individuals with disabilities in several areas, including employment. Under the ADA, a disability is defined as a physical or mental impairment that substantially limits one or more major life activities. Employers with 15 or more employees are required to provide reasonable accommodations to disabled employees unless doing so would cause an undue hardship to the business. Reasonable accommodations can include things like modifying work schedules, restructuring job duties, providing assistive technology, or making the workplace more accessible.
In Illinois, the Illinois Human Rights Act (775 ILCS 5/2-102(A)) extends protections to workers with disabilities, mirroring much of what the ADA covers but also offering broader protections. One key difference is that the IHRA applies to employers with one or more employees, which means more workers in Illinois are protected by state law than federal law.
Under the IHRA, employers are obligated to provide reasonable accommodations to workers with disabilities unless doing so would impose an undue hardship. The definition of a “reasonable accommodation” can vary, but it generally involves changes that enable the employee to perform essential job functions without imposing significant difficulty or expense on the employer.
A reasonable accommodation includes changes or adjustments to a job or work environment that allow a person with a disability to perform the essential functions of their job.
Some common accommodations include:
• Adjusting work hours or providing flexible scheduling
• Providing specialized equipment or software
• Making the workplace accessible, such as installing ramps or modifying restrooms
• Allowing for telework or remote work options
• Reassigning non-essential duties to other employees
While these are just examples, each situation is unique. The key point is that accommodations should allow the employee to perform the essential functions of their job without creating an undue hardship for the employer. According to the ADA and IHRA, employers are expected to engage in an interactive process with the employee to determine the most appropriate accommodations.
If you’ve been wrongfully denied an accommodation in Illinois, you have the right to take legal action. Here’s what you need to know about filing a claim:
Step 1: Document The Denial
The first step in protecting your legal rights is to gather evidence of the denial. This evidence should include written correspondence between you and your employer, notes from any meetings or discussions, and details of any accommodations you requested and why they were denied. Having a clear paper trail can be critical in proving your case.
Step 2: File A Complaint
Once you’ve documented your denial, you should contact our firm to help you file a complaint with either the Equal Employment Opportunity Commission (EEOC) or the Illinois Department of Human Rights (IDHR).
• Filing with the EEOC – The EEOC enforces the ADA. You must file a complaint, or “charge of discrimination,” with the EEOC within 300 days of the discriminatory action. The EEOC will investigate the claim, and if it finds merit, it may attempt to resolve the issue through mediation. If mediation fails, the EEOC may file a lawsuit on your behalf, or they may issue you a “Right to Sue” letter, allowing you to pursue legal action independently.
• Filing with the IDHR – If your employer has fewer than 15 employees and is not subject to the ADA, you can file a complaint with the Illinois Department of Human Rights under the IHRA.
The process is similar, with a 300-day window to file the complaint from the date of the discriminatory action.
Step 3: Seek Legal Representation
Once you’ve filed your complaint, it’s essential to consult with an experienced disability accommodation attorney. The law is complex, and navigating these processes on your own can be overwhelming. An attorney can help ensure that your case is handled correctly and increase your chances of a favorable outcome.
Employers who violate the ADA or IHRA by denying reasonable accommodations face significant legal consequences. Potential penalties include:
• Compensatory Damages – If an employer is found to have violated the law, they may be required to compensate you for lost wages, medical expenses, and any other costs related to the denial of accommodations.
• Injunctive Relief – Employers can be ordered to make sure their workplace is compliant with the law.
• Punitive Damages – In some cases, courts could award punitive damages on employers who act with malice or reckless disregard for the law.
Employers found in violation may also face reputational damage and potential future lawsuits from other employees if they fail to take corrective actions.
Under both the ADA and IHRA, a disability is a physical or mental impairment that substantially limits one or more major life activities. This can include conditions such as mobility impairments, vision or hearing loss, chronic illnesses, and mental health disorders.
If your employer refuses to engage in the interactive process or denies your request for reasonable accommodation, document everything and file a complaint with either the EEOC or IDHR. An experienced attorney can help guide you through the next steps.
An undue hardship refers to an accommodation that would be too difficult or expensive for the employer to implement, taking into consideration factors such as the size of the business, its financial resources, and the nature of the requested accommodation. Employers must prove that the accommodation is genuinely unfeasible to avoid providing it.
In Illinois, you have 300 days from the date of the discriminatory action to file a claim with the EEOC or IDHR. It’s essential to act quickly to ensure you meet this deadline.
No. Both the ADA and IHRA prohibit employers from retaliating against employees who request reasonable accommodations. If your employer takes adverse action against you for exercising your rights, you may have grounds for a retaliation claim.
If you’ve been wrongfully denied disability accommodation in the workplace, the Law Office of Michael Smith is here to help. I understand the challenges you face, and I am committed to protecting your rights. Contact our disability accommodation lawyer in Chicago at The Law Offices of Michael Smith by calling (847) 450-1103 to receive a free consultation. Let us fight for the accommodations you need and the justice you deserve. We serve clients in Schaumburg and Chicago as well as DuPage County, Kane County, and Will County.
We're ready to listen. Get started now by filling out the attached form.
