Can I Sue My Employer for Not Accommodating My Disability? (2026)

Yes, you can sue your employer for not accommodating your disability. Under the ADA, employers with 15 or more workers must help you do your job. That means making changes. If your employer said no, ignored you, or stalled with no real reason, you may have a strong case.

Here's what the law requires and how to file your claim step by step.

What the ADA Requires.

The ADA says employers must give workers with disabilities a change. One that lets them do their job.

Common changes include:

• Flexible hours or a different start time.
• Working from home.
• A quieter workspace.
• Extra breaks during the day.
• Modified job duties (but not removing the core parts of the job).
• Special tools or equipment.
• Extra leave beyond what FMLA covers.
• A move to a different role you can do.

Your employer doesn't have to give you exactly what you asked for. But they have to try. That back-and-forth is required by law.

What Counts as “Undue Hardship”?

An employer can say no if the change causes real, serious difficulty or expense. That's called undue hardship.

This bar is high. A large company can't claim a standing desk costs too much. A small nonprofit with 16 workers may have more room to argue.

Employers can't just say the words and walk away. They have to prove it. If they never responded to your request, they can't use this defense.

What If Your Employer Just Ignores You?

Ignoring your request is a violation. Your employer must respond. Silence is not a legal answer.

If your employer:

• Never replied to your written request.
• Dragged it out for months with no explanation.
• Told you to handle it yourself.
• Demanded so much paperwork it felt designed to make you give up.
• Said yes and then never followed through.

Any of those can support an ADA claim.

State Law Can Give You More Protection

The ADA only covers employers with 15 or more workers. But many states go further.

California covers employers with 5 or more workers. New York State covers employers with 4 or more. If you work for a small business, check your state law. You may still have rights even if federal law doesn't apply.

State laws often have longer filing windows and bigger damages. An employment attorney in your state can tell you which law gives you the strongest case.

How to File Your Disability change Lawsuit.

Step 1: Put Your Request in Writing

If you haven't already, write up your request and email it to HR. Say you have a disability, explain how it affects your ability to work, and state what change you need. You don't have to name a specific diagnosis.

If you made the request verbally, follow it up in writing now. Just say: “This is to confirm our talk on [date] where I asked for [change] due to my disability.”

Step 2: Get Medical Records

Your employer can ask for a doctor's note. Get a letter from your doctor. It should say you have a disability. It should say what you can and can't do. And it should explain why the change you need makes sense.

If your employer keeps asking for more and more records in a way that feels designed to wear you down, write that down too. That pattern can become evidence of bad faith.

Step 3: File a Charge with the EEOC

You must do this before you can sue in federal court. The EEOC is the agency that enforces the ADA.

Deadlines:

• 180 days if your state has no fair employment agency.
• 300 days if your state has one (most states do).

Filing is free. Go to eeoc.gov or your nearest EEOC office. The EEOC will look into your case, try mediation, and eventually give you a “right to sue” letter so you can go to court.

Step 4: File Your Lawsuit

Once you get your right-to-sue letter, you have 90 days to file in federal court. That's tight. Don't sit on it.

State law claims go through your state agency or state court. Every state is different. Check yours.

Read our full guide on how to sue your employer for a full breakdown from filing to hearing.

What Damages Can You Get?

If you win, you may recover:

• Back pay: Lost wages from the time of the violation.
• Front pay: Future lost income if you can't get your job back.
• Money for emotional distress.
• Punitive damages if the employer was malicious (capped based on company size).
• Attorney's fees.
• Your job back if you were fired.

Under the ADA, damage caps depend on how many people the employer has. Employers with 15 to 100 workers face a cap of $50,000. Employers with 500 or more workers face a cap of $300,000. State laws often have no caps or higher ones.

What About Payback?

If your employer fired you, cut your hours, or treated you worse after you asked for an change, that's payback. It's illegal and adds a separate claim on top.

Payback claims are often easier to prove because the timing is obvious. You asked. Then something bad happened. That pattern matters.

Write down any bad treatment after your request. A suddenly bad performance review. Shift changes. Being left out of meetings. That paper trail supports the payback angle.

Does This Apply to Remote Work?

Yes. Working from home can be a workplace change under the ADA. This is especially true for disabilities that make commuting or an office setting hard.

Courts have said that if a job can be done from home, refusing it needs a real business reason. A blanket policy does not work. A blanket “we don't do remote work” policy may not be enough if your specific role can clearly be done remotely.

Frequently Asked Questions

Can I sue if they gave me a different change than I asked for?

Only if the one they gave you doesn't actually let you do your job. The law doesn't require your exact request. It requires something that works. If their option doesn't work and they refuse to try something else, that refusal may support a claim.

How long does an EEOC review take?

Usually 6 months to 2 years. If you want to move faster, you can ask for a right-to-sue letter after 180 days. That lets you file in court without waiting for the EEOC to finish its review.

My employer has fewer than 15 workers. Do I have any rights?

The ADA doesn't cover you, but your state might. California covers employers with 5 or more. New York covers employers with 4 or more. Check your state's disability discrimination laws through your state labor agency or an employment attorney.

Can I sue for not accommodating my mental health?

Yes. Depression, anxiety, PTSD, and bipolar disorder all qualify as disabilities under the ADA if they majorly limit a major life activity. The process is the same as for physical disabilities.

What if I didn't formally request an change?

The ADA doesn't require magic words. But you need to put your employer on notice that you need a change because of a medical condition. A written request is always stronger than a verbal one. If your employer knew about your disability and saw you struggling but still did nothing, that may be enough in some cases.

Can I sue if I was fired after requesting an change?

Yes. Getting fired after asking for an change is a classic payback claim. You'd have both a failure to accommodate claim and a payback claim. Both are covered by the ADA and both make your case stronger.

Don't Let It Slide

Your employer had a legal duty to work with you. Ignoring your request or refusing without proof of real hardship isn't a gray area. It's a violation of federal civil rights law.

The EEOC deadline is the most important thing to watch. 300 days goes fast when you're dealing with a health issue and a job problem at the same time. File now.

PettyLawsuit helps you build your records and send formal demand letters that put employers on notice before you escalate. Start here. Don't let it slide.