The Americans With Disabilities Act (ADA) is a federal law that prohibits governments and private employers from discriminating against qualified individuals with disabilities.  Under the law employers are required to make reasonable accommodations for disabled employees with regards to the size and nature of the employer.  Employers with 15 or fewer employees are exempt from the law.

STEP 1 – Determine if your Situation is covered by the ADA
All ADA complaints must involve an employment related activity such as hiring, firing, promotions or pay.  An employer is able to deny a request based on a disability if accommodating the disability would present an “undue hardship” on the employer, or if a federal law prevents the person from doing the job.  For example, a blind person may be denied employment as an airline pilot because they are blind.

STEP 2 – Document the Discriminatory Act
A request for a job, promotion, raise or accommodation must have been denied for you to file a complaint.  An employer must be able to give an objective reason for the denial that does not involve your disability.  If the employer denies your request ask for an explanation in writing.  This will document both the denial and the reason for it.
 
STEP 3 – Determine if your Disability is protected
Not all conditions which a person may believe are disabilities are covered.  The ADA covers both mental and physical disabilities which “substantially limits a major life activity”.  For example, migraine headaches may be covered but a simple allergy may not.

STEP 4 – File a Complaint with the Equal Employment Opportunity Commission (EEOC)
The EEOC is the federal agency that enforces federal employment discrimination laws.  Under most circumstances a complaint must be filed within 180 days of the discriminatory act.  If there is a state or local law protecting disabled workers the EEOC complaint may be filed up to 300 days after the discriminatory act.  Prior to filing a private lawsuit a complaint must be filed with the EEOC.

STEP 5 - Contact a Lawyer
The EEOC prosecutes all discrimination claims but the agency does not act as your representative.  If you are discriminated against you may be entitled to damages beyond those the EEOC collects for you, which may only entail your hiring/rehiring and back pay.  You may have grounds for an additional lawsuit.  To ensure that all of your rights are protected you may want to hire a private attorney.

Employers are not required to hire a disabled worker over a non-disabled worker if both have the same qualifications.  But employers may not use a disability or a perceived disability in making employee decisions.  If you have a covered disability and feel you have lost a job or other benefit because of the disability you should contact an attorney.  An attorney can help you determine if the employer’s action violates any employment discrimination law.