Disability Discrimination Attorney in Phoenix

What Counts as Disability Discrimination Under the ADA & Arizona Law

The ADA defines a disability as a physical or mental impairment that substantially limits one or more major life activities, including standing, seeing, hearing, walking, and concentrating. The ADA generally applies to employers with 15 or more employees. The Arizona Civil Rights Act provides parallel state-law protections that apply alongside or in addition to the ADA, and local ordinances in some Arizona cities may extend those protections to smaller employers or offer broader relief.

Disability discrimination isn’t limited to obvious adverse actions like termination or refusal to hire. It also includes:

• Failure to provide a reasonable accommodation when one was requested and feasible
• Failure to engage in the interactive process in good faith after receiving an accommodation request
• Creating a hostile work environment based on an employee’s disability or perceived disability
• Retaliation against an employee for requesting an accommodation, filing a complaint, or participating in a discrimination investigation

Retaliation is a separate, actionable violation under the ADA. An employer who punishes an employee for asserting their rights may be liable even if the underlying discrimination claim is disputed.

Reasonable Accommodations & the Interactive Process

Covered employers must provide reasonable accommodations to qualified employees with disabilities unless doing so would cause undue hardship to the business. The law requires a good-faith, back-and-forth dialogue between the employer and employee to identify what accommodations may be feasible. This dialogue is called the interactive process, and an employer who refuses to engage in it, or who denies an accommodation outright without conducting that process, may be committing disability discrimination regardless of whether an accommodation was ultimately available.

Reasonable accommodations can take many forms depending on the role and the employee’s needs:

• Modified work schedules or reduced hours during treatment
• Remote or hybrid work arrangements
• Assistive technology or specialized equipment
• Reassignment of non-essential job duties
• Leave for medical appointments or recovery
• Physical modifications to the workspace

Whether an accommodation creates an undue hardship is assessed based on factors including the cost of the accommodation, the employer’s financial resources, and the nature of the business operation. Employers who claim undue hardship bear the burden of demonstrating it.

Filing Deadlines & the EEOC and ACRD Process in Arizona

Disability discrimination claims are subject to strict filing deadlines. Missing the applicable deadline may permanently bar a claim, which is why speaking with an attorney as early as possible matters.

• EEOC filing deadline: In Arizona, employees filing a disability discrimination charge with the Equal Employment Opportunity Commission generally have 300 days from the date of the discriminatory act to file. This extended window applies because Arizona has a state agency, the Arizona Civil Rights Division (ACRD), that enforces parallel disability discrimination law.
• ACRD filing deadline: Filing directly with the ACRD, which operates within the Arizona Attorney General’s Office, generally carries a 180-day deadline from the date of the discriminatory act.
• Worksharing agreement: Filing with either agency generally routes the charge to both under a worksharing agreement, so a single filing may preserve rights under both federal and state law.
• Right-to-sue letter: After the EEOC or ACRD completes its investigation, it may issue a right-to-sue letter. The employee then generally has 90 days to file a lawsuit in federal court.
• Federal employees: Federal government employees and applicants aren’t covered by the ADA. They must contact their agency’s EEO Counselor within 45 days of the discriminatory act under the Rehabilitation Act of 1973. Different procedural rules apply throughout.

Remedies in a Successful Disability Discrimination Case

The remedies available in a disability discrimination case depend on the nature of the employer’s conduct, the strength of the evidence, and the employee’s specific losses. A successful claim may result in several forms of relief:

• Back pay: Lost wages and benefits from the time of the discriminatory act
• Front pay: Compensation for future lost earnings where reinstatement to the prior position isn’t feasible
• Compensatory damages: Compensation for emotional distress, harm to professional reputation, and related losses
• Punitive damages: Available in cases of intentional discrimination where the employer acted with malice or reckless indifference to the employee’s federally protected rights
• Reinstatement: Return to the prior position, where appropriate
• Injunctive relief: Court orders requiring accommodation going forward or changes to employer policies
• Attorney’s fees and costs: Recoverable by a prevailing plaintiff under the ADA

The value of any individual claim depends on the employee’s compensation, the nature of the employer’s conduct, and the evidence available. We discuss these factors during the consultation so you have a realistic picture before deciding how to proceed.