Maryland Disability Discrimination Attorney
According to data from the Equal Employment Opportunity Commission (EEOC), disability discrimination is a serious concern in Maryland. Fortunately, the Americans with Disabilities Act (ADA) and Maryland’s Fair Employment Practices Act (MFEPA) provide strong protections to victims.
At The Law Firm of Stephen S. Burgoon, attorney Stephen Burgoon protects civil rights for clients in Frederick County and across Maryland. Since 1993, he has been advocating for employees facing disability discrimination and other forms of workplace discrimination. His work in Maryland reflects a commitment to fairness and accountability.
Understanding Disability Discrimination Under The Americans With Disabilities Act
Under the ADA, failing to provide reasonable accommodations for an employee living with disabilities so they can perform their job may be counted as disability discrimination. Employers should make adjustments such as job restructuring, scheduling and introducing ergonomic equipment. According to the law, an employer may deny accommodations only if they can prove undue hardship.
What If Your Employer Retaliates After Requesting An Accommodation?
Punishment such as reduced hours or job termination is illegal, and there are several laws to protect you.
- ADA: Prohibits disability discrimination
- Family and Medical Leave Act (FMLA): Provides up to 12 weeks of unpaid, job-protected leave
- Workers’ compensation: Covers medical expenses and lost wages for work-related injuries
An employer cannot deny you accommodation for common disabilities caused by conditions such as:
- Anxiety
- Depression
- Post-traumatic stress disorder
- Attention deficit/hyperactivity disorder (ADHD)
- Autism
- Migraines
- Back injuries
- Chronic pain
- Long COVID
- Autoimmune conditions
Every case is unique, and legal protections depend on how the condition affects your major life activities.
How To Request A Reasonable Accommodation In Maryland
To request an accommodation, follow these steps:
- Inform your employer of your disability by submitting a written request
- Provide medical documentation and other information if requested
- Have a discussion with your employer to explore solutions for the accommodation
Note that you may need to revisit the accommodation if circumstances or your health changes, or if it is time to recertify the agreement with your employer.
Are You Facing Disability Discrimination In The Workplace?
It is not unusual for people to be discriminated against at work because of a disability. In Maryland, you have 300 calendar days from the date of discrimination to file a charge with the EEOC and 180 days with the Maryland Commission on Civil Rights (MCCR). After an EEOC investigation, you receive a “notice of right to sue.” Afterward, you have 90 days to file a lawsuit in federal court.
Once you file the lawsuit, the outcome may result in:
- Back pay
- Front pay
- Reinstatement
- Policy changes
- Recovering attorney’s fees
Attorney Stephen can help you gather evidence and documentation to file a timely claim with EEOC for compensation.
Frequently Asked Questions About Occupational Disability Discrimination
Employees experiencing a disability while employed in the Maryland workforce can face subtle or overt discrimination. Sound guidance helps you understand your rights and find resolution.
Do I have to disclose my specific medical diagnosis to my employer to get an accommodation?
No, employees generally do not need to reveal a specific diagnosis when requesting an accommodation. Employers may request limited medical information to confirm the existence of a qualifying impairment and to explain how that impairment affects job functions. Maryland follows federal ADA standards that permit employees to provide documentation describing functional limitations rather than detailed diagnostic labels.
How do I prove disability discrimination at work?
You must show that an adverse action occurred because of a disability or an accommodation request. Strong evidence often includes:
- Emails showing inconsistent treatment or sudden negative feedback after a disability disclosure.
- Written directives reflecting adverse changes that alter duties or impose new requirements following an accommodation request.
- Performance records, evaluations or notes that conflict with prior performance history and appear linked to disability-related events.
- Witness statements or accounts from co-workers who observed remarks, behavior or decisions connected to your disability.
- Documentation demonstrating that your employer failed to respond or refused to discuss accommodations.
- Materials or communications showing that the employer did not participate in discussions about reasonable accommodations.
- Evidence that highlights suspicious timing, repeated negative actions or inconsistent explanations for decisions.
Evidence concerns can arise when employees fear they lack formal documentation. Daily notes, saved messages and synchronized records can still provide support and demonstrate how events unfolded and why certain actions appear connected to disability issues.
Can my employer require me to take leave instead of providing an accommodation?
No, employers must consider reasonable accommodations before directing an employee to take leave. Leave is appropriate only when no accommodations allow you to perform essential job duties. Maryland requires employers to explore options such as modified schedules, reassigned tasks or workspace adjustments before relying on leave.
Forcing you to take leave without evaluating alternatives may violate state and federal protections.
Can my employer reduce my hours, demote me or change my schedule because of my disability?
No, your employer cannot impose adverse actions based on disability status or accommodation requests. Reductions in hours, demotions or harmful schedule changes can be discriminatory when linked to your condition. Maryland law permits employers to make changes only when those decisions stem from legitimate business needs unrelated to disability.
Sudden negative actions after disclosing a disability may indicate improper motives. Track the timing of changes, the reasons provided and related communications to support a potential claim.
Contact A Frederick Disability Discrimination Lawyer
You do not have to face disability discrimination alone. At The Law Firm of Stephen S. Burgoon, attorney Burgoon will stand with you, whether in Frederick County or across Maryland. Call 240-315-5432 or fill out the online contact form to schedule a free, confidential consultation.
