Chicago Disability Discrimination Through Termination Attorney

Fired Because of a Disability, Medical Condition, or Accommodation Request? Know Your Rights Under Illinois Law.

Were you terminated after disclosing a disability, requesting a reasonable accommodation, returning from medical leave, or informing your employer about medical restrictions? Did your employer suddenly question your performance, place you on a Performance Improvement Plan (PIP), or claim your position was eliminated after learning about your disability?

Disability discrimination through termination may violate federal and Illinois employment laws when an employer fires a qualified employee because of a disability or fails to provide a legally required reasonable accommodation.

The Americans with Disabilities Act (ADA) and Illinois Human Rights Act (IHRA) provide important protections against unlawful disability discrimination, including discriminatory termination.

At Pinkston Law Group, P.C., Attorney Danielle A. Pinkston represents employees throughout Chicago and Illinois in employment disputes involving ADA wrongful termination, disability discrimination, failure to accommodate, medical leave discrimination, and workplace retaliation.

Protect Your Employment Rights Under Illinois Law. If you believe you were fired because of a disability, schedule an employment law consultation or call (773) 770-4771.

What Is Disability Discrimination Through Termination?

Disability discrimination through termination occurs when an employer unlawfully fires an employee because of a protected disability.

Under 42 U.S.C. § 12112, the ADA prohibits covered employers from discriminating against qualified individuals on the basis of disability in employment decisions, including termination.

An employee may have a disability discrimination claim when an employer:

• Fires an employee because of an actual or perceived disability.
• Terminates a qualified employee instead of providing a legally required reasonable accommodation.
• Uses disability-related stereotypes or assumptions to justify termination.
• Applies workplace rules differently because of an employee’s disability.
• Terminates an employee because of protected activity involving disability rights.
• Refuses to consider whether an employee can perform essential job functions with reasonable accommodation.

Not every termination involving an employee with a disability is unlawful. The employee’s qualifications, employer’s stated reasons, accommodation options, and applicable legal protections must be evaluated.

Learn more about your rights on our Chicago Disability Discrimination Attorney page.

Can Your Employer Fire You Because of a Disability in Illinois?

Generally, a covered employer cannot lawfully terminate a qualified employee because of a disability in violation of the ADA or Illinois Human Rights Act.

Although Illinois generally follows the employment-at-will doctrine, employers remain subject to federal and state anti-discrimination laws.

An employer cannot avoid disability discrimination liability simply by claiming that an employee was employed at will.

However, employers may make legitimate employment decisions based on lawful performance standards, misconduct, business necessity, or an employee’s inability to perform essential job functions even with reasonable accommodation.

The critical question is whether the termination violated applicable disability discrimination or retaliation protections.

Employees who believe their discharge was unlawful should also review their rights concerning wrongful termination in Illinois.

Common Examples of Disability Discrimination Through Termination

Disability-related wrongful termination may arise in several workplace situations.

1. Fired After Disclosing a Disability

An employee informs a supervisor or HR representative about a qualifying disability and is terminated shortly afterward.

The timing may raise concerns, particularly if the employee previously received positive performance evaluations or the employer’s explanation changes.

However, timing alone does not automatically establish discrimination.

2. Fired After Requesting a Reasonable Accommodation

An employee requests an adjusted schedule, accessible equipment, modified workplace procedures, or another reasonable accommodation.

Instead of evaluating the request, the employer terminates the employee.

Depending on the facts, this may support claims involving failure to accommodate, disability discrimination, or unlawful retaliation.

Read more about ADA reasonable accommodations.

3. Fired After Returning From Medical Leave

An employee returns from surgery or disability-related medical leave with restrictions and is told that the employer no longer has a position available.

The employer may have legitimate reasons for its decision, but termination may raise legal concerns if the employer failed to evaluate applicable accommodation or leave rights.

4. Fired Because of Medical Restrictions

An employee has lifting, standing, walking, scheduling, or other disability-related restrictions.

The employer refuses to consider effective reasonable accommodations and terminates the employee.

Whether this violates the ADA depends on the employee’s qualifications, essential job functions, and available accommodations.

5. Fired After Being Placed on a Performance Improvement Plan

An employee with a disability suddenly receives negative evaluations or a PIP after requesting accommodations.

A PIP may be legitimate, but it may also serve as evidence of discrimination or retaliation when supported by other facts.

6. Fired Because of Disability-Related Stereotypes

An employer assumes that an employee with a medical condition will be unreliable, frequently absent, unsafe, or unable to handle important responsibilities.

Termination based on unsupported disability-related assumptions may violate applicable law.

The Equal Employment Opportunity Commission provides additional guidance on disability discrimination in employment.

Can Your Employer Fire You After Requesting an ADA Accommodation?

An employer cannot lawfully retaliate against an employee for exercising rights protected by the ADA.

Under 42 U.S.C. § 12203, the ADA prohibits certain forms of retaliation and interference involving protected disability rights.

For example, an employee may have a potential retaliation claim when the employer terminates the employee because the employee requested a reasonable accommodation.

Potential warning signs include:

• Termination shortly after an accommodation request.
• Sudden negative performance evaluations.
• Threats or hostility following the request.
• Inconsistent explanations for termination.
• Disciplinary actions that differ from the treatment of comparable employees.
• Evidence that management opposed the accommodation request.

The employee must still establish the elements of the applicable legal claim.

A request for accommodation does not prevent an employer from making legitimate, nondiscriminatory employment decisions.

For more information, visit our Failure to Accommodate a Disability Attorney page.

Can Your Employer Fire You Because You Cannot Perform Certain Job Duties?

The ADA protects qualified individuals with disabilities.

A qualified individual generally must be able to perform the essential functions of the position, with or without reasonable accommodation.

An employer is not necessarily required to eliminate essential job functions, create a new position, or provide an accommodation that imposes an undue hardship.

However, the employer may be required to consider reasonable adjustments that would enable the employee to perform essential duties.

For example, an employee may be unable to perform a task using the employer’s existing equipment but may be able to perform it using an effective assistive device.

An employer that terminates the employee without appropriately considering a legally required accommodation may face liability.

The EEOC’s reasonable accommodation guidance explains the relationship between essential job functions and workplace accommodations.

Can Your Employer Require You to Be 100% Healed Before Returning to Work?

A blanket policy requiring employees to be completely healed or free of medical restrictions before returning to work may violate the ADA when it prevents individualized consideration of reasonable accommodations.

Employees may be able to perform essential job functions with adjustments such as:

• Modified work schedules.
• Assistive equipment.
• Accessible workstations.
• Temporary restructuring of nonessential duties.
• Other effective reasonable accommodations.

An employer should evaluate the employee’s actual abilities, job responsibilities, and available accommodations rather than automatically excluding employees with medical restrictions.

However, employers are not required to eliminate essential functions or disregard legally relevant safety concerns.

Employees facing these disputes may also need guidance concerning return-to-work accommodation disputes and disability-related leave rights.

Wrongful Termination After Medical Leave

Disability discrimination through termination may occur when an employer fires an employee after medical leave for reasons prohibited by law.

Employees may have protections under several laws, including:

Americans with Disabilities Act: May require reasonable disability-related leave or other accommodations.

Family and Medical Leave Act: Provides qualifying employees with job-protected leave for covered medical and family reasons.

Illinois Human Rights Act: Prohibits certain forms of disability discrimination and provides state-law protections.

The applicable law depends on the employee’s circumstances, employer coverage, eligibility, and nature of the leave.

Importantly, exhausting FMLA leave does not automatically eliminate all possible ADA accommodation rights.

However, the ADA does not generally require indefinite leave.

In Severson v. Heartland Woodcraft, Inc., 872 F.3d 476 (7th Cir. 2017), the Seventh Circuit held that a multimonth leave of absence was not a reasonable ADA accommodation under the circumstances presented.

Employees terminated after medical leave should promptly evaluate their rights under federal and Illinois law.

Can a Performance Improvement Plan Be Evidence of Disability Discrimination?

Yes, depending on the circumstances.

A Performance Improvement Plan (PIP) may be relevant evidence when an employee is terminated after requesting disability accommodations or disclosing a qualifying medical condition.

Potential warning signs include:

• Previously positive evaluations followed by sudden criticism.
• Performance standards that changed after the accommodation request.
• Discipline for limitations that a reasonable accommodation would have addressed.
• Different performance standards applied to comparable employees.
• Unrealistic performance expectations.
• A termination decision made before the employee had a meaningful opportunity to satisfy the plan.

However, a PIP is not automatically discriminatory or retaliatory.

An employer may lawfully require employees with disabilities to satisfy legitimate performance standards, subject to applicable accommodation obligations.

The evidence must establish a legally relevant connection between the disability or protected activity and the challenged employment action.

Can Your Employer Eliminate Your Position Because of a Disability?

Employers may legitimately eliminate positions for financial, operational, or restructuring reasons.

However, an employer cannot use a purported reduction in force or position elimination as a pretext for unlawful disability discrimination.

Potential evidence of pretext may include:

• The employer immediately hiring someone to perform substantially the same duties.
• Inconsistent explanations for the position elimination.
• Disability-related comments by decision-makers.
• Evidence that similarly situated employees without disabilities were treated differently.
• Documentation suggesting the termination decision was connected to the employee’s disability or accommodation request.

No single fact automatically proves discrimination.

An attorney can evaluate whether the employer’s explanation is supported by the available evidence.

Disability Discrimination and the Illinois Human Rights Act

The Illinois Human Rights Act (IHRA) provides important protections against unlawful employment discrimination based on disability.

Illinois law may cover some employers and employment relationships that fall outside federal ADA coverage.

The federal ADA generally applies to private employers with 15 or more employees, while the IHRA provides broader employer coverage for many employment discrimination claims.

Depending on the facts, employees may pursue remedies under both federal and Illinois law.

The Illinois Department of Human Rights administers important aspects of Illinois employment discrimination protections.

Employees should evaluate whether their circumstances involve:

• Disability discrimination through termination.
• Failure to accommodate a disability.
• Disability-related workplace retaliation.
• Discriminatory discipline.
• Medical leave discrimination.
• Other unlawful employment practices.

How Do You Prove Disability Discrimination Through Termination?

The evidence necessary to prove disability-related wrongful termination depends on the legal theory.

A discriminatory termination claim under the ADA generally requires showing that the employee was protected by the law, was qualified for the position, and was terminated because of disability.

Evidence may include:

1. Medical and Disability-Related Documentation

Relevant records may establish a qualifying disability and workplace limitations.

2. Accommodation Requests

Emails, HR forms, and other communications may show when the employer learned about disability-related accommodation needs.

3. Performance Evaluations

Past evaluations may help establish the employee’s performance history and whether the employer’s explanation is consistent with the record.

4. Disciplinary Records

Write-ups, PIPs, warnings, and suspension notices may reveal changes in treatment.

5. Employer Communications

Relevant emails, messages, meeting notes, and statements may help explain the employer’s reasons for termination.

6. Comparator Evidence

Evidence concerning similarly situated employees may help establish whether the employer applied policies inconsistently.

7. Termination Documentation

The termination letter, separation agreement, and employer’s stated explanation may be important.

8. Witness Testimony

Coworkers, supervisors, and HR personnel may have relevant information about the decision.

An attorney can evaluate whether the available evidence supports a claim for ADA wrongful termination, disability discrimination, failure to accommodate, or retaliation.

What Should You Do If You Were Fired Because of a Disability?

If you believe your employer unlawfully terminated you because of a disability, consider taking the following steps:

1. Preserve your termination documents. Keep your termination letter, severance offer, and relevant separation communications.
2. Document your accommodation requests. Record when you requested adjustments and how your employer responded.
3. Preserve relevant performance records. Maintain lawfully accessible evaluations, disciplinary notices, and job descriptions.
4. Create a timeline. Identify when your employer learned about your disability, when you requested accommodations, and when adverse employment actions occurred.
5. Review any severance agreement carefully. A release may affect important legal rights.
6. Avoid unauthorized access to employer information. Do not improperly remove confidential records or privileged materials.
7. Consult an Illinois employment attorney promptly. Administrative filing deadlines may apply.

Employees should not assume that an employer’s refusal to explain a termination means the decision was lawful.

How Long Do You Have to File a Disability Discrimination Claim in Illinois?

Employment discrimination claims have strict filing deadlines.

Federal ADA Claims

In Illinois, employees generally have 300 days from the alleged discriminatory employment action to file an EEOC charge, subject to applicable exceptions.

An EEOC charge generally must be filed before pursuing a federal ADA employment discrimination lawsuit.

Illinois Human Rights Act Claims

For covered employment discrimination violations occurring on or after January 1, 2025, the Illinois Department of Human Rights generally provides a two-year filing period.

Different deadlines may apply to earlier violations and particular claims.

Federal Employees

Federal employees generally must begin the federal-sector EEO process within 45 days of the challenged action, subject to applicable rules and exceptions.

An internal HR complaint does not necessarily extend the time for filing an administrative charge.

Additional information is available through the EEOC Chicago District Office and the Illinois Department of Human Rights.

Do not delay seeking legal advice if you believe you were terminated because of a disability.

What Compensation Can You Recover for Disability Discrimination Through Termination?

Employees who prove unlawful disability discrimination through termination may be entitled to legal remedies.

Depending on the claim, applicable law, and evidence, potential remedies may include:

• Back pay: Lost wages resulting from the unlawful termination.
• Lost benefits: Compensation for certain employment benefits lost because of the termination.
• Front pay: Future lost earnings where legally appropriate.
• Reinstatement: Returning to employment when authorized and appropriate.
• Compensatory damages: Compensation for qualifying emotional distress and other covered losses.
• Punitive damages: Available in certain cases when statutory requirements are satisfied.
• Attorney’s fees and costs: Recoverable where authorized by law.
• Injunctive relief: Court-ordered remedies addressing unlawful employment practices.

Available damages differ depending on whether the claim involves discriminatory termination, failure to accommodate, retaliation, or another legal theory.

Federal statutory damages caps and other limitations may apply.

Employees also generally have a duty to make reasonable efforts to mitigate lost earnings.

No specific recovery is guaranteed.

Why Choose Pinkston Law Group, P.C.?

At Pinkston Law Group, P.C., Attorney Danielle A. Pinkston represents employees throughout Chicago and Illinois in employment disputes involving disability discrimination, ADA reasonable accommodations, wrongful termination, medical leave discrimination, and workplace retaliation.

Our firm evaluates employment records, accommodation requests, performance evaluations, medical restrictions, and employer explanations to identify potential violations of federal and Illinois employment laws.

We understand that losing employment because of a disability can create serious financial and professional consequences.

Our goal is to help employees understand their rights, evaluate potential claims, and pursue appropriate legal remedies.

Frequently Asked Questions About Disability Discrimination Through Termination

Can I sue my employer for firing me because of a disability?

Potentially. If your employer violated the ADA or Illinois Human Rights Act by terminating you because of a protected disability, you may have a legal claim. Applicable administrative procedures and deadlines must be considered.

Can my employer fire me after I disclose a medical condition?

An employer may make legitimate employment decisions, but it cannot lawfully terminate a qualified employee because of a protected disability in violation of applicable law.

Is it illegal to fire someone after requesting an ADA accommodation?

Termination because of protected accommodation-related activity may constitute unlawful retaliation. Termination may also violate the ADA when an employer refuses a legally required accommodation.

Can my employer fire me because I have medical restrictions?

An employer must evaluate whether the employee can perform essential job functions with or without reasonable accommodation. The existence of medical restrictions does not automatically justify termination.

Can I be fired after exhausting FMLA leave?

Potentially, but exhausting FMLA leave does not automatically eliminate all ADA rights. Whether additional leave or another accommodation is required depends on the circumstances.

Can a negative performance review be evidence of disability discrimination?

Yes. A sudden negative evaluation may be relevant evidence when considered alongside accommodation requests, employer statements, inconsistent explanations, and other circumstances.

Can my employer fire me because of a mental health disability?

Covered employers generally cannot unlawfully terminate qualified employees because of protected mental health disabilities. The same ADA principles concerning qualifications and reasonable accommodations apply.

Does Illinois protect employees beyond the federal ADA?

Yes. The Illinois Human Rights Act provides state-law protections that may apply to some employment relationships not covered by federal law.

What if my employer claims my position was eliminated?

A legitimate position elimination may be lawful. However, an employer cannot use a false or pretextual explanation to conceal disability discrimination.

How much is an ADA wrongful termination lawsuit worth?

Potential compensation depends on lost earnings, available remedies, applicable statutory limitations, the strength of the evidence, and other case-specific circumstances.

Schedule a Consultation With a Chicago Disability Discrimination Through Termination Attorney

Were you fired after disclosing a disability, requesting a reasonable accommodation, or returning from medical leave?

Your termination may raise legal concerns under the Americans with Disabilities Act and Illinois Human Rights Act.

At Pinkston Law Group, P.C., Attorney Danielle A. Pinkston represents employees throughout Chicago and Illinois in matters involving disability discrimination through termination, ADA wrongful termination, failure to accommodate, and workplace retaliation.

Protect Your Employment Rights Under Illinois Law. Schedule an employment law consultation to discuss your circumstances, potential claims, and available legal remedies. Strict filing deadlines may apply.

Pinkston Law Group, P.C.

Attorney Danielle A. Pinkston

30 N. Michigan Ave., Suite 1004

Chicago, IL 60602

Phone: (773) 770-4771

Schedule Your Employment Law Consultation

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