When you’re a federal employee with a disability, facing unfair treatment at work can feel like a slap in the face.
Federal disability discrimination protections, including the Americans with Disabilities Act (ADA), are among the country’s most powerful civil rights laws.
However, when your agency denies requests for reasonable accommodations and equal opportunities to succeed, it’s natural to ask yourself: Can you sue for ADA violations?
In this blog post, our reasonable accommodation attorneys answer that question, look at some common ADA violations examples, and discuss how federal workers can hold an employer accountable.
Learn how we can assist you by calling (800) 801-0598 or sending us an online message today.
Can You Sue for ADA Violations as a Federal Employee?
Yes. Federal employees have the right to sue for violations of workplace disability protections such as the ADA. However, government workers who’ve suffered disability discrimination at work typically bring their cases under a different law: the Rehabilitation Act of 1973 (Rehab Act).
The Rehab Act uses the same eligibility standards as the ADA. If a federal employee has a physical or mental impairment that substantially limits one major life activity, they are considered to have a disability.
This means an employer cannot:
- Discriminate against them in employment decisions if they are qualified for the job;
- Fail to provide reasonable accommodations that help them perform their essential job tasks; and
- Retaliate against them for requesting accommodations or complaining about disability discrimination.
Under the Rehab Act, all federal employees (regardless of the size of their agency) have the right to sue and hold an employer accountable for violating these disability protections.
Violations That Could Lead to an ADA Lawsuit
Many different kinds of unfavorable treatment can violate disability discrimination protections.
Some examples of unfair behavior that federal employees should look out for include:
- Repeatedly denying an employee’s reasonable accommodation requests;
- Firing or demoting someone after they disclose their disability;
- Refusing to collaborate with an employee to find alternative accommodations for their medical condition;
- Insulting, demeaning, or harassing an employee with a physical disability;
- Ignoring the medical restrictions that prevent an employee from performing specific tasks;
- Punishing an employee for taking medical leave because of a disability; and
- Threatening an employee who requests a reasonable accommodation.
If you’ve experienced these situations, you could have grounds for a disability discrimination lawsuit.
How to Sue for an ADA Violation
Let’s walk through the steps to file an ADA lawsuit as a federal employee.
Document and Identify the Violation
It’s essential to have evidence of any violation of your rights. Gather as much documentation of the incident of discrimination or retaliation as possible. This could include emails, memos, accommodation requests, and performance evaluations.
Before you take action, it’s also a good idea to consult with a lawyer. An attorney trained in federal employment law can listen to your story and assess exactly how your rights were violated. They can also provide valuable advice and guidance throughout the rest of the legal process.
Speak to an EEO Counselor
Next, contact your agency’s Equal Employment Opportunity (EEO) counselor. The counselor’s job is to help you resolve your issue with your employer outside of a formal legal process. Even if you’re not interested in mediation, you must speak with the EEO counselor within 45 days of the incident if you want to file a lawsuit.
File a Formal Complaint
After the end of informal counseling, you have 15 days to file a formal complaint with your agency’s EEO Office. The EEO will review the complaint and may choose to investigate it. This process can take up to six months.
Once the investigation is finished, the EEO will give you the choice between:
- Having a hearing on your case before an EEOC Administrative Judge, or
- Receiving a final decision on whether the discrimination happened.
If either of those options doesn’t satisfactorily address your discrimination, you can now take your agency to court.
File a Lawsuit
Federal employees typically must go through the entire administrative complaint process before they can sue their agency for disability discrimination. The ADA statute of limitations gives federal employees 90 days after the EEOC’s decision to file a lawsuit in federal court.
From there, your attorney will build a case demonstrating that:
- You are a qualified employee with a disability, and
- Your agency violated your rights under federal disability law.
If your claim is successful, you could receive compensation for back pay, job reinstatement, or access to reasonable accommodations you deserve. In cases where your agency’s discrimination was extreme or intentional, you could also recover compensation for punitive damages.
Dedicated, Compassionate Advocacy You Deserve
No qualified federal employee deserves to have their opportunities limited because of a disability. If your agency refuses to respect your rights under federal law, an experienced legal professional can help you take action and get justice.
Pines Federal has spent the past two decades fighting for civil servants’ rights in the face of discrimination, abuse, and mistreatment. Our team of litigators has over 60 years of combined experience in federal employment law and is dedicated to personalized client service that gets results.
Contact our office online or call (800) 801-0598 today to learn more about how we can help you.