Experiencing retaliation at work can feel overwhelming, especially when it comes after you’ve requested accommodations for a disability. Both federal and Illinois laws are clear in prohibiting employers from retaliating against employees who assert their legal rights. If you find yourself in this situation, it is important to understand your rights and take immediate action to protect yourself. Retaliation can take many forms, such as being fired, demoted, or subjected to a hostile work environment. These actions are not only unfair—they are also illegal under the law.
Requesting accommodations is a right guaranteed by the Americans with Disabilities Act (ADA) and the Illinois Human Rights Act (IHRA). These laws protect disabled employees who ask for reasonable modifications to help them perform their jobs without fear of retaliation. However, some employers disregard these protections and take adverse actions against workers who stand up for their rights. Knowing what steps to take can make all the difference in protecting your career and holding your employer accountable.
The ADA is a federal law that prohibits discrimination against employees with disabilities and guarantees their right to reasonable accommodations. Similarly, the IHRA extends protections to employees in Illinois. These laws ensure that disabled workers are not discriminated against based on disabilities or other protected categories, including race, sex, and religion.
Under these laws:
Retaliation claims are taken seriously under both federal and state laws. Employers found guilty of retaliation can face significant penalties, including fines and damages awarded to the employee. Under the ADA and IHRA, employees who win their cases may be entitled to:
Employers may also face reputational harm and increased scrutiny from regulatory agencies.
Taking action against retaliation can be intimidating, but remember that the law is on your side. Employers are prohibited from retaliating further against employees who file complaints or lawsuits. If additional retaliation occurs, this can strengthen your case and lead to even greater penalties for the employer.
Retaliation occurs when an employer takes adverse action against an employee for asserting their legal rights. This includes termination, demotion, reduction in hours, or creating a hostile work environment. The retaliation must be linked to the employee’s protected activity, such as requesting accommodations or filing a discrimination complaint.
A reasonable accommodation is any modification or adjustment that allows an employee with a disability to perform their job. Examples include flexible work schedules, assistive technology, or physical adjustments to the workplace. The accommodation must not impose an undue hardship on the employer.
For ADA claims, you typically have 300 days to file a complaint with the EEOC if your state has a fair employment practices agency like the IDHR. Under Illinois law, you also have 300 days to file a complaint with the IDHR. Consulting an attorney as soon as possible ensures that you meet all deadlines.
Evidence can include documentation of your accommodation request, performance reviews
before and after the request, emails or texts showing discriminatory behavior, and witness testimony. Keeping detailed records of any adverse actions will strengthen your case.
No. Firing an employee for requesting accommodations violates federal and state laws. If this happens, you may have grounds for a retaliation claim and could seek compensation for lost wages and other damages.
In a successful retaliation case, you may recover back pay, front pay, compensation for emotional distress, and attorney’s fees. In some cases, you may also be awarded punitive damages to punish the employer for their unlawful actions.
If you believe you’ve been retaliated against for requesting accommodations in Chicago, it’s important to take action quickly. At North Suburban Legal Services, we are committed to protecting employees’ rights and holding employers accountable for retaliation. Our experienced attorneys will guide you through the process and fight to ensure you receive the compensation and justice you deserve.
To receive a free consultation with our Chicago disability discrimination attorneys, contact North Suburban Legal Services at 312-909-6089. We proudly represent clients in Palos Heights and throughout Chicago, Illinois. Don’t let retaliation go unanswered—contact us today to discuss your case.