Wrongful Termination After Requesting an Accommodation in Illinois

Fired After Requesting a Reasonable Accommodation? You May Have a Wrongful Termination Claim.

You informed your employer that you needed a workplace adjustment because of a disability or medical condition. You may have requested a modified schedule, additional breaks, medical leave, remote work, or specialized equipment.

Instead of considering your request, your employer fired you.

Perhaps your supervisor suddenly questioned your performance, human resources stopped responding to your emails, or management claimed your position was eliminated shortly after you requested an accommodation.

If you were fired after requesting a reasonable accommodation in Illinois, your termination may violate federal or state employment discrimination laws.

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

Our firm evaluates whether employers have violated the Americans with Disabilities Act (ADA), the Illinois Human Rights Act (IHRA), or other applicable employment laws.

If you believe your employer terminated you because you requested a disability-related accommodation, you may have legal options.

Call (773) 770-4771 to Schedule an Employment Law Consultation.

Can You Be Fired for Requesting a Reasonable Accommodation in Illinois?

An employer generally cannot lawfully terminate an employee because the employee requested an accommodation protected by the ADA.

Under the Americans with Disabilities Act, covered employers must provide reasonable accommodations to qualified individuals with disabilities unless doing so would impose an undue hardship.

The ADA also prohibits retaliation for qualifying protected activity, including requesting a reasonable accommodation.

For example, an employee may request a modified work schedule because of a disability. Shortly afterward, management terminates the employee and claims the employee is no longer a good fit.

Depending on the evidence, the termination may support a claim for disability discrimination or retaliation.

Employees who believe they were unlawfully terminated may benefit from speaking with a Chicago Wrongful Termination Attorney.

However, requesting an accommodation does not automatically prevent an employer from taking otherwise lawful disciplinary or employment actions. The employee must establish the applicable elements of a legal claim.

What Is a Reasonable Accommodation Under the ADA?

A reasonable accommodation is a workplace adjustment that allows a qualified employee with a disability to perform essential job functions or enjoy equal employment opportunities.

Examples may include:

• Modified work schedules.
• Additional or adjusted breaks.
• Ergonomic equipment.
• Assistive technology.
• Modified workplace policies.
• Remote work when appropriate.
• Medical leave for treatment or recovery.
• Reassignment to a vacant position when legally required.
• Changes to nonessential job duties.

Employers are not necessarily required to provide an employee’s preferred accommodation if another effective accommodation is available.

For more information about workplace adjustments, visit our ADA Reasonable Accommodations page.

The Equal Employment Opportunity Commission’s reasonable accommodation guidance explains employers’ obligations under federal law.

What Laws Protect Employees Who Request Disability Accommodations?

Americans with Disabilities Act (ADA)

The ADA prohibits covered employers from discriminating against qualified individuals on the basis of disability.

Under 42 U.S.C. § 12112(b)(5)(A), unlawful discrimination includes failing to provide reasonable accommodations to known disability-related limitations unless the employer establishes undue hardship.

The ADA also prohibits unlawful retaliation and interference with protected rights.

Employees who believe they were fired because of a disability may have a claim for Disability Discrimination Through Termination.

Illinois Human Rights Act (IHRA)

The Illinois Human Rights Act, 775 ILCS 5/1-101 et seq., prohibits disability discrimination in covered employment relationships and provides protections concerning reasonable accommodations.

Illinois law may cover employment situations that differ from federal ADA coverage.

The Illinois Department of Human Rights administers discrimination protections under state law.

Our Chicago Disability Discrimination Attorney page provides additional information about disability-related workplace rights.

Family and Medical Leave Act (FMLA)

The FMLA may provide eligible employees with job-protected leave for qualifying serious health conditions.

When an accommodation request involves medical leave, an employee may have rights under both the ADA and FMLA.

Employees who are terminated after exercising qualifying medical leave rights may have claims involving FMLA Retaliation or interference.

The U.S. Department of Labor provides additional information about federal family and medical leave protections.

Is Requesting a Reasonable Accommodation Protected Activity?

Yes. Requesting a reasonable accommodation is generally protected activity under the ADA’s anti-retaliation provisions.

An employer may not lawfully punish an employee because the employee requested an accommodation protected by law.

Examples of potentially unlawful retaliation include:

• Termination following an accommodation request.
• Demotion after requesting workplace adjustments.
• Retaliatory disciplinary warnings.
• Reduction in scheduled hours.
• Removal of job responsibilities.
• Threats concerning continued employment.
• Negative treatment because an employee asserted ADA rights.

For example, an employee with a qualifying disability may request additional breaks. After the request, the employer begins issuing disciplinary warnings for conduct previously accepted.

Depending on the evidence, those actions may support an ADA retaliation claim.

Learn more about related protections on our Workplace Retaliation Attorney page.

The EEOC’s retaliation guidance explains how federal retaliation and interference protections operate.

Can Your Employer Fire You After Requesting a Modified Work Schedule?

An employer cannot lawfully terminate an employee because the employee requested a schedule accommodation protected by the ADA.

Modified work schedules may be reasonable accommodations depending on the employee’s limitations and the essential functions of the position.

For example, an employee undergoing medical treatment may request a later starting time.

Rather than evaluating the request, management may immediately terminate the employee for alleged attendance problems.

The circumstances may support a claim if the termination was discriminatory or retaliatory, or if the employer failed to provide an accommodation required by law.

However, employers may establish that a proposed schedule modification is ineffective or would impose undue hardship.

Can You Be Fired for Requesting Remote Work as an Accommodation?

Remote work may qualify as a reasonable accommodation when an employee can perform essential job functions remotely and the arrangement is otherwise reasonable.

An employer must evaluate the request under the applicable legal requirements.

Relevant considerations include:

• The employee’s essential duties.
• Whether work can be performed remotely.
• Whether in-person attendance is essential.
• Available alternative accommodations.
• Operational requirements.
• Potential undue hardship.

An employer does not automatically violate the ADA by denying remote work.

However, termination based on discriminatory assumptions about an employee’s disability or retaliation for requesting accommodation may violate the law.

Can Your Employer Fire You for Requesting Medical Leave?

An employee may be entitled to medical leave as a reasonable accommodation under the ADA.

For example, an employee recovering from surgery may request a finite period of leave before returning to work.

Depending on the circumstances, the employer may need to evaluate whether the leave is reasonable and whether it would impose undue hardship.

Employees may also qualify for protected leave under the FMLA.

If your employer terminated you because you requested or used qualifying leave, review our pages on Medical Leave Discrimination and Disability-Related Leave Requests.

Employees facing disputes after returning from leave may also have claims involving Return-to-Work Accommodation Disputes.

What Is the ADA Interactive Process?

The interactive process involves communication between an employer and employee to identify potentially effective reasonable accommodations.

The process may include:

1. Identifying disability-related workplace limitations.
2. Reviewing essential job functions.
3. Discussing possible accommodations.
4. Requesting appropriate medical documentation when permitted.
5. Evaluating effective alternatives.
6. Considering undue hardship.
7. Implementing a legally required accommodation.

For example, an employee may request a modified schedule because of ongoing treatment.

Instead of discussing possible adjustments, the employer may reject the request without meaningful consideration.

If a reasonable accommodation was available and unlawfully denied, the employer may face liability.

Our Failure to Accommodate a Disability page addresses these claims in greater detail.

You can also learn about the employer’s responsibilities on our Interactive Process & Disability Accommodations page.

Under federal law, a breakdown in the interactive process generally must be connected to the denial of an accommodation that the employer was legally required to provide.

Can Your Employer Terminate You Instead of Considering an Accommodation?

Termination immediately following an accommodation request may raise concerns about disability discrimination or retaliation.

For example:

An employee receives positive performance evaluations for several years.

The employee develops a qualifying disability and requests an accommodation.

Shortly afterward, management begins documenting alleged performance deficiencies and terminates the employee.

This sequence may provide relevant circumstantial evidence.

However, timing alone does not automatically establish unlawful termination.

Courts may also consider inconsistent explanations, discriminatory comments, comparator evidence, and other circumstances.

Do You Have to Use the Words “ADA” or “Reasonable Accommodation”?

No.

Employees generally do not need to use specific legal terminology when requesting a reasonable accommodation.

An employee may say:

“I need to adjust my schedule because of medical treatment.”

Depending on the circumstances, that statement may be sufficient to notify the employer of a disability-related accommodation request.

However, merely mentioning a medical condition does not always establish that an accommodation was requested.

The EEOC’s guidance on requesting reasonable accommodations addresses the notice requirements.

Can Your Employer Require Medical Documentation?

Sometimes.

If the disability or need for accommodation is not obvious, an employer may request reasonable documentation sufficient to establish the disability and accommodation need.

However, the employer’s inquiries must comply with applicable restrictions on disability-related medical information.

An employer generally cannot demand unlimited medical records simply because an employee requested an accommodation.

Seven Warning Signs of Wrongful Termination After Requesting an Accommodation

1. You Were Fired Shortly After Making the Request

The timing may support an inference of retaliation when considered with other evidence.

2. Your Employer Refused to Discuss Accommodations

Management rejected the request without adequately evaluating available options.

3. Your Performance Evaluations Suddenly Changed

Positive evaluations were followed by unexpected criticism after your accommodation request.

4. Your Employer Offered Inconsistent Explanations

Management gave changing reasons for terminating your employment.

5. Your Supervisor Made Negative Comments About Your Disability

Discriminatory statements may provide evidence of unlawful motivation.

6. Other Employees Received More Favorable Treatment

Comparable employees were treated differently under relevant circumstances.

7. Your Employer Ignored Available Accommodations

A reasonable accommodation may have been available, but the employer failed to provide it.

These warning signs may justify legal investigation but do not independently establish liability.

How Do You Prove Wrongful Termination After Requesting an Accommodation?

The legal elements depend on whether the employee asserts disability discrimination, retaliation, failure to accommodate, or another claim.

Relevant evidence may include:

• A qualifying disability under the applicable law.
• The employee’s ability to perform essential job functions with or without reasonable accommodation.
• Notice of the accommodation request.
• The employer’s knowledge of the request.
• The termination decision.
• Evidence connecting the termination to disability discrimination or protected activity.
• The availability of a legally required accommodation.

An employee may have more than one claim arising from the same events.

What Evidence Should You Preserve?

If you were fired after requesting a reasonable accommodation, preserve:

• Accommodation requests.
• Emails with human resources.
• Text messages with supervisors.
• Medical documentation submitted to the employer.
• Job descriptions.
• Performance evaluations.
• Disciplinary records.
• Employee handbooks.
• Attendance records.
• Termination letters.
• Communications explaining the termination.
• Names of relevant witnesses.

Preserve documents you are legally entitled to retain.

What Damages Can You Recover for Wrongful Termination?

Depending on the statute and circumstances, remedies may include:

Back Pay: Lost wages and employment benefits caused by unlawful termination.

Front Pay: Future lost earnings when reinstatement is not appropriate.

Reinstatement: Restoration to employment when legally available.

Compensatory Damages: Compensation for qualifying emotional distress or other legally recognized harm.

Punitive Damages: Available in certain qualifying federal discrimination or retaliation claims, subject to statutory requirements.

Attorney’s Fees and Costs: Recoverable when authorized by applicable law.

Available remedies differ by cause of action, and federal statutory damages caps may apply.

How Long Do You Have to File an ADA Wrongful Termination Claim in Illinois?

Filing deadlines are important.

Federal ADA Claims

Employees in Illinois generally must file a discrimination charge with the Equal Employment Opportunity Commission within 300 days of the alleged unlawful employment action, subject to applicable rules.

After receiving a Notice of Right to Sue, employees generally have 90 days to file a federal lawsuit.

See the EEOC’s charge-filing information.

Illinois Human Rights Act Claims

For most covered employment discrimination claims under the current rules, employees generally have two years from the alleged violation to file a charge with the Illinois Department of Human Rights.

See the Illinois Department of Human Rights charge process.

FMLA Claims

FMLA claims generally have a two-year limitations period, extended to three years for willful violations.

The applicable deadline depends on the claim and facts.

Employees should not assume that Illinois’ longer administrative deadline extends the federal EEOC filing period.

Can You Bring Multiple Claims Against Your Employer?

Potentially.

An employee terminated after requesting an accommodation may have claims involving:

• ADA disability discrimination.
• ADA failure to accommodate.
• ADA retaliation.
• ADA interference.
• Illinois Human Rights Act disability discrimination.
• Illinois reasonable accommodation protections.
• FMLA interference.
• FMLA retaliation.

Each cause of action has distinct legal elements and requirements.

What Should You Do if You Were Fired After Requesting an Accommodation?

If you believe your termination was unlawful:

1. Preserve your accommodation request.
2. Save emails and messages concerning your disability-related needs.
3. Obtain your termination paperwork.
4. Preserve performance evaluations.
5. Create a timeline of events.
6. Identify witnesses.
7. Document lost wages and job-search efforts.
8. Consult an employment attorney promptly.

Why Choose Pinkston Law Group, P.C.?

Pinkston Law Group, P.C. represents Illinois employees in disability discrimination, reasonable accommodation, workplace retaliation, and wrongful termination matters.

Attorney Danielle A. Pinkston evaluates claims involving:

• Wrongful termination after requesting accommodations.
• ADA reasonable accommodation violations.
• Disability discrimination through termination.
• Failure to accommodate a disability.
• Retaliation after accommodation requests.
• Medical leave discrimination.
• Return-to-work accommodation disputes.
• FMLA interference and retaliation.

Our firm represents employees throughout Chicago, Cook County, Will County, DuPage County, Kane County, and surrounding Illinois communities.

Speak With a Chicago Wrongful Termination Attorney

If your employer fired you after you requested a reasonable accommodation, you may have legal rights under the ADA, Illinois Human Rights Act, or other applicable laws.

Do not wait until the filing deadline approaches to evaluate your claim.

Pinkston Law Group, P.C.

Attorney Danielle A. Pinkston

30 N. Michigan Avenue, Suite 1004
Chicago, Illinois 60602

Phone: (773) 770-4771

Schedule an Employment Law Consultation Today.

Advertising Material. This page provides general educational information and does not constitute legal advice. Viewing this information does not create an attorney-client relationship. Legal outcomes depend on the facts and applicable law.