The Americans with Disabilities Act (ADA) protects people with disabilities from discrimination. Title I of the ADA prohibits disability discrimination in employment and requires covered employers to provide equal employment opportunities to qualified individuals with disabilities. Business owners are seeing a significant number of disability-related charges filed by job applicants and employees through the Equal Employment Opportunity Commission (EEOC).
In Fiscal Year 2025, 41.1% of all charges filed with the EEOC included an allegation of disability discrimination. This made disability discrimination the most frequently asserted protected-class basis in EEOC charges. In comparison, 38.0% of all EEOC charges in Fiscal Year 2024 included an allegation of disability discrimination, showing a notable increase in the share of charges involving disability between 2024 and 2025.
These numbers highlight the importance of taking employee concerns about disability discrimination seriously and responding appropriately. At the same time, business owners should recognize that they cannot be expected to understand or handle every legal and compliance issue on their own.
Five Common Workplace Issues That Can Lead to Employee ADA Complaints
Employees and job applicants with disabilities have important rights under Title I of the ADA. These include protection from disability discrimination and retaliation, equal employment opportunities, and reasonable accommodations when applicable.
Here are five common workplace issues that can lead to ADA complaints from workers:
- Failure to provide a reasonable accommodation. An employer may face an ADA complaint when it fails to appropriately consider or provide a reasonable accommodation for a qualified employee or job applicant with a disability. Depending on the circumstances, accommodations could include modified work schedules, changes to job duties, assistive technology, or other adjustments that allow an individual to perform the essential functions of the job.
- Failure to engage in the interactive process. When an employee requests an accommodation or the need for an accommodation becomes apparent, employers may have an obligation to engage in an interactive process to understand the employee’s limitations and identify potential reasonable accommodations. Failing to respond appropriately or ending the process without adequately considering available options can create compliance concerns.
- Discrimination in hiring or employment decisions. Disability discrimination can occur when an employer makes decisions about hiring, promotion, termination, compensation, job assignments, or other terms and conditions of employment based on an individual’s disability rather than legitimate job-related factors.
- Inappropriate handling of disability-related information. Disability-related medical information is generally subject to confidentiality requirements. Employers should take care when requesting, receiving, storing, and sharing medical information related to an employee’s disability or accommodation request.
- Retaliation for raising an ADA concern. Employees are protected from retaliation for engaging in certain activities protected by the ADA, including raising concerns about disability discrimination or requesting an accommodation. Employers should make sure that an employee is not treated negatively because they raised a disability-related concern or exercised a protected right.
How Businesses Can Respond to Employee ADA Complaints and Reduce Legal Risk
The best way to reduce the risk of an ADA-related claim is to take employee concerns seriously and establish consistent processes for addressing disability-related workplace issues.
Clear workplace policies and procedures that comply with applicable employment laws are essential to protecting both business owners and employees. Businesses should regularly review their policies and practices to identify anything that could unintentionally create barriers for employees with disabilities or interfere with the accommodation process.
When an employee raises a disability-related concern or requests an accommodation, take the time to listen, gather the relevant facts, and thoughtfully consider the situation. Do not dismiss an employee’s concern simply because you do not believe the business has done anything wrong. A thoughtful, consistent response can help identify potential compliance issues and address them before they escalate.
Once a concern has been raised, documenting how the business responded is equally important. Employers should maintain clear, factual records of accommodation requests, relevant communications, the steps taken to evaluate the situation, and any accommodations or other actions provided. Good documentation can help demonstrate that the employer took the employee’s concern seriously and made a good-faith effort to meet its obligations. Documentation should be objective and focused on the facts rather than defensive or dismissive.
Employers should also be mindful of consistency. Similar situations should generally be handled using consistent processes, while recognizing that each employee’s circumstances and accommodation needs may be different. Applying policies inconsistently can create additional compliance concerns and make it more difficult for an employer to demonstrate that it responded appropriately.
Finally, it is important to know when to ask for help. Business owners are not expected to be ADA attorneys. Some situations are straightforward, while others involve complicated questions about reasonable accommodations, essential job functions, undue hardship, medical information, retaliation, or other ADA requirements. When an employee complaint or accommodation request raises a significant legal or compliance concern, getting advice from qualified HR professionals or legal counsel can help a business understand its responsibilities and determine the appropriate next steps.
Stay Compliant with Support from Seay HR
Navigating the Americans with Disabilities Act and other employment regulations can be challenging, especially as your business grows. Having the right HR support can help your business establish consistent practices and respond appropriately to employee needs to reduce the risk of costly compliance issues and potential ADA-related claims.
Seay HR helps businesses support ADA compliance by developing clear, compliant workplace policies and procedures and providing practical HR guidance. This includes helping employers understand their responsibilities and establish effective processes for employee accommodations, hiring, and other workplace issues.
We’re ready to help! Contact us today to learn more about how we can support your business.
Please note: This article is for informational purposes only and does not constitute legal or professional advice. Seay HR makes no representations or warranties, express or implied, regarding the accuracy, completeness, or applicability of the information contained herein.
Seay HR disclaims all liability for any actions taken or not taken based on the information in this article. Readers are solely responsible for their own interpretation and use of this information.
