Business & Work

In general, employers are not allowed to discriminate against you because of your disability. They also cannot discriminate against someone just because they associate with a person with a disability. This means that your employer cannot discriminate against you because you have a family member with a disability or because you volunteer at an organization that helps people with disabilities. Your employer is not required to accommodate the non-employee’s disability, however.

Disability discrimination includes making hiring, firing, and many other employment decisions based on a person's disability. But you are not guaranteed a job because you have a disability. You must still be qualified to perform the essential tasks of the job, with or without reasonable accommodation.

Reasonable Accommodations

Your employer has to make reasonable accommodations for you if you have a disability. You must request the accommodation. A reasonable accommodation is an adjustment to either the job or the work environment that allows an employee or potential employee to apply for a job or perform the tasks of the job. Examples include providing screen readers or Braille materials for persons with visual impairments or installing ramps for persons who use wheelchairs. 

Note that the employer does not have to do something that would be an undue hardship. Undue hardship is determined on a case-by-case basis. The employer is not required to lower job standards or remove any of the essential tasks of the job as part of the accommodation. Also, employers only need to provide accommodations if there is a link between your disability and your need for the accommodation. Your employer can also request reasonable supporting documentation from a doctor or other healthcare provider if your disability is not apparent. Learn more about reasonable accommodations, including how to make a request.

Other protections for workers with disabilities

The laws protect people with disabilities from:

• Retaliation for advocating for their rights and seeking accommodations,
• Interference with their rights, and
• Coercion by employers.

Also, the law protects the privacy rights of people with disabilities in the workplace. Employers are not allowed to ask certain kinds of questions. For example, once you are hired, your employer cannot ask questions about your disability unless they are specifically related to your job or necessary for business operations. These questions are generally limited to situations where your disability is impacting safety or job performance, and reasonable accommodation may be needed.

Employers also cannot require certain kinds of medical tests as a condition of employment.

Keeping a record of discrimination

If you think your employer may be discriminating against you because of your disability, it is a good idea to keep a record of the discrimination. This is true even if you aren't sure whether you want to take legal action.

Below are some tips on how to document discrimination.

Keep records of your interactions with your employer

If you think your employer may be discriminating against you because of your disability, keep a record of the incidents where this has happened. Write down important information, including:

• The time, date, and place where you were treated unfairly,
• The names of all the people who were there,
• Everything that happened,
• If possible, exact quotes of statements you heard and who said them,
  • If exact quotes are not possible, explain what you heard in your own words, and
• The names of anyone who overheard or saw what happened, and what you believe those people saw or heard.  

Communicate in writing

In general, it is a good idea to make sure there is a written record of important conversations with your employer. Below are some tips on how to do this:

• Communicate in writing when possible. For example, when requesting reasonable accommodations for your disability, it is a good idea to make your request in writing so that there is a record of your request.
• If you have an important verbal conversation with your employer, it is a good idea to memorialize these conversations by sending a letter or email recapping the content of the conversation. An effective way to do this is to send a thank you note.
• For very important communications, request a written response.
• To show proof of receipt, consider sending important letters by certified mail. 

Keep copies of any written communication

Keep originals or copies of the following types of documents:

• Notes, handwritten or typed,
• Policies and procedures,
• Memos or letters,
• Reports or evaluations,
• Files,
• E-mails, and
• Text messages.

Review your personnel file

You have a right to look at your personnel file. You may review your file under the following conditions:

• At least two times per calendar year before leaving your job, or
• For up to one year after leaving your job.

Usually, your employer needs to provide you with any requested documents within seven working days. If the employer can show that they reasonably cannot provide these documents within seven days, they can ask for seven extra calendar days to provide the file. You may request a copy of your file, but your employer can charge you for the cost of copying the file. Any fees charged are limited to the actual costs of copying the file.

Use this program to help you write a letter to your employer requesting a copy of your personnel file.

Additional tips

In general, you should not tell your employer that you are keeping documentation. If your employer knows that you are documenting discrimination, it may escalate the situation or cause your employer to try to avoid communicating in writing.

Additionally, it’s important to note that it violates Illinois law to make an audio or video recording of a private conversation without the permission of all parties to the conversation. For this reason, you should not try to document a private verbal conversation by making an audio or video recording of it without getting permission first.

More help

There are many different laws at the federal, state, and local levels regarding employment discrimination. If you think you have been discriminated against because of your disability, you should talk to an attorney. To find a lawyer, you can try using our Get Legal Help tool.