Disability Discrimination

Disability Discrimination at Work:
Know Your Rights

If you believe you’ve been treated unfairly at work because of a disability — or denied a reasonable accommodation — you may have a legal claim.
The right path forward depends on where you work and who you work for. For a general overview of how DC, Maryland, and federal employment law differ, see our Employment Discrimination overview. This page covers what’s specifically distinctive about disability discrimination claims.

What Is Disability Discrimination?

Disability discrimination happens when an employer treats you unfairly because of a physical or mental impairment that substantially limits a major life activity, a record of such an impairment, or because the employer regards you as having one. This can include:

  • Being passed over for hiring, promotion, or a raise because of a disability
  • Disability-based harassment or a hostile work environment
  • Being denied a reasonable accommodation that would allow you to perform your job
  • Retaliation against an employee who requests an accommodation or reports disability discrimination

Federal Protection: The ADA and the Duty to Accommodate

Title I of the Americans with Disabilities Act (ADA) is the core federal law prohibiting disability discrimination. It applies to employers with 15 or more employees and requires them to engage in an “interactive process” with an employee to identify an effective reasonable accommodation — such as modified equipment, a flexible schedule, or reassignment to a vacant position — unless doing so would cause an “undue hardship,” meaning significant difficulty or expense.

As with race and religious discrimination, the ADA allows compensatory and punitive damages, subject to the same tiered cap, generally ranging from $50,000 to $300,000 depending on employer size.

Federal Employees Are Covered by a Different Law

This is one of the most important distinctions in disability discrimination law: federal employees are not covered by
the ADA directly. Instead, they’re protected by Section 501 of the Rehabilitation Act of 1973 — a law that predates the ADA by nearly two decades.

In practice, courts apply the same substantive standards under both laws — the same definition of disability, the same interactive process duty, and the same undue hardship test. But because federal agencies generally have substantial resources, their threshold for successfully claiming undue hardship is often higher in practice than it is for many private employers.

Which Laws Apply to You?

Disability discrimination protections vary by jurisdiction and employer. Select the situation that matches yours:

I work for a private employer or local government in Washington, DC.

DC law covers smaller employers than federal law and allows uncapped compensatory and punitive damages. Learn about disability discrimination protections in DC

I work for a private employer or local government in Maryland.

Maryland has its own state law protections, filing process, and deadlines. Learn about disability discrimination protections in Maryland

I am a federal government employee.

Federal employees are covered by the Rehabilitation Act rather than the ADA, and follow the federal EEO process — including a strict 45-day deadline to contact an EEO Counselor. Learn about disability discrimination protections for federal employees

What Compensation or Remedies Are Available?

While the specific process and damages differ by jurisdiction, workers who prove disability discrimination or a wrongful denial of accommodation may generally be entitled to:
  • Reinstatement or a comparable position
  • Back pay for lost wages
  • Front pay, in some cases
  • Compensatory damages, including for emotional distress
  • Punitive damages, in cases involving intentional or malicious conduct
  • Attorney’s fees and costs

Note: the ADA caps compensatory and punitive damages by employer size, while the DCHRA does not. See the jurisdiction-specific pages above for details.

Talk to a Disability Discrimination attorney

You don’t have to figure out which laws apply to you on your own. If you believe you’ve experienced disability discrimination or been wrongly denied an accommodation — in DC, Maryland, or as a federal employee — Wilkenfeld Law Office can help you understand your rights and options.
Schedule a consultation

Or call 301.245.3035 · Intake@WilkenfeldLO.com

This article provides general information and is not legal advice. Contacting us does not create an attorney-client relationship.
Reviewed by Ari Wilkenfeld, Esq. (DC Bar No. 461063; MD Bar No. 9806240300). Ari has over 27 years of experience litigating in federal and state courts, and before the U.S. Equal Employment Opportunity Commission (EEOC), the U.S. Merit Systems Protection Board (MSPB), and various arbitration panels. Ari has been recognized by Esquire Magazine as “a famously determined Civil Rights lawyer” and by the New York Post as “a high powered DC Lawyer.” Last updated: August 28, 2026.
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