You might be working through pain, anxiety, or a new diagnosis, and quietly wondering whether your Maryland employer can really treat you this way. Maybe you asked for a small change at work so you could keep doing your job, and instead you got a warning or were told you had to come back with “no restrictions.” That mix of fear, frustration, and confusion is exactly where many of our clients start.
Disability discrimination rarely looks like a manager saying, “We do not want sick people here.” It shows up in schedule changes that make treatment impossible, write ups that start right after you disclose a condition, or an employer that refuses to even talk about accommodations. Maryland and federal law often give you more protection than you think, but how you raise the issue and document what happens next can make a real difference.
At The Law Office of Andrew M. Dansicker, we have focused on representing Maryland workers in employment disputes, including discrimination and wrongful termination, since 2008. We spend our days looking at emails, policies, performance reviews, and medical notes in disability related cases and talking with Maryland employers and their counsel about how to resolve them. In this guide, we will share what we have learned so you can better understand disability discrimination in Maryland workplaces and make informed decisions about your next steps.
What Counts As Disability Discrimination In Maryland Workplaces
Disability discrimination in Maryland starts with how the law defines a disability. Under federal law, the Americans with Disabilities Act, and under Maryland’s Fair Employment Practices Act, a disability is a physical or mental impairment that substantially limits one or more major life activities. Major life activities include obvious things like walking, lifting, or seeing, and less obvious ones like concentrating, sleeping, or working. Many conditions qualify, including diabetes, epilepsy, depression, anxiety, cancer, and other illnesses that affect daily life, even if you look “fine” on the outside.
The law does not just prohibit firing someone because of a disability. It covers a range of actions, including refusing to hire a qualified applicant, denying promotions, changing job assignments in a way that harms the employee, or creating a hostile environment because of a disability. It also covers failure to accommodate, which happens when an employer refuses to make reasonable changes that would let you keep doing your job, and retaliation when the employer punishes you for requesting accommodations or complaining about discrimination.
In real Maryland workplaces, disability discrimination often hides behind neutral sounding explanations. A long time employee with a back injury suddenly gets written up for “attendance issues” after years of flexibility, even though her absences are covered by medical notes. An office worker returning from cancer treatment is told he must work full time in person, even though remote work was accepted during the pandemic and he still has compromised immunity. A worker with severe anxiety asks for a quiet workspace and gets labeled “not a team player” and excluded from meetings. These are the kinds of fact patterns we see that may signal unlawful disability discrimination.
Employers frequently insist that the problem is performance or business needs, not the disability. When we evaluate these cases, we look past the labels to the timing, the documents, and how similar employees without disabilities are treated. The law focuses on what actually motivated the decision and whether the employer met its duty to consider reasonable accommodations, not just on how the employer tries to describe its actions after the fact.
How Maryland & Federal Laws Protect Workers With Disabilities
Two main systems protect workers with disabilities in Maryland. The first is the Americans with Disabilities Act, a federal law that applies to many employers with 15 or more employees. The second is Maryland’s Fair Employment Practices Act, which covers many of the same types of discrimination and often applies to employers with a smaller number of employees within the state. Both laws make it illegal to discriminate against qualified employees because of a disability and require a good faith process for considering accommodations.
These laws give you specific rights at work. You have the right to be considered for jobs and promotions based on your qualifications, not your diagnosis. You have the right to request reasonable accommodations that would help you perform the essential functions of your job. You have the right to be free from harassment tied to your condition, such as constant jokes about your limitations or pressure to ignore your doctor’s restrictions. You also have the right to be free from retaliation when you request accommodations, object to discriminatory treatment, or file an internal or external complaint.
From a procedural standpoint, many disability discrimination claims in Maryland go through the Equal Employment Opportunity Commission or the Maryland Commission on Civil Rights first. When you file with one, your charge is often dual filed with the other, which means it is preserved under both federal and state law. This administrative step is usually required before you file a lawsuit, and there are deadlines that start running from the date of the discriminatory act or termination. These deadlines can be short, which is one reason timing and documentation matter so much.
Because we focus on Maryland employment law, we are used to working within both systems. We know how these agencies tend to look at disability discrimination and failure to accommodate claims, what kinds of facts and documents strengthen a charge, and how Maryland employers and their lawyers often respond. That experience allows us to give clients guidance about what path to take and what to expect from the process.
What A “Reasonable Accommodation” Really Looks Like
The concept of a reasonable accommodation is at the heart of many disability discrimination Maryland cases. A reasonable accommodation is a change to the work environment or how a job is usually done that allows a qualified employee with a disability to perform the essential functions of the position. The key questions are whether you can do the core duties of your job with some adjustments, and whether those adjustments present an undue hardship for the employer.
Reasonable accommodations can take many forms, and they depend heavily on the specific job. For an office worker with a chronic illness, this might include a flexible start time to accommodate morning symptoms, remote work for some days of the week, or breaks during long meetings. For a warehouse employee with lifting restrictions, it might mean limiting the weight they must lift, using lifting equipment, or adjusting assignments so they handle lighter items while others handle heavier loads. For a worker undergoing treatment, it might involve time off for appointments or a temporary reduced schedule.
Other common accommodations in Maryland workplaces include modifying job duties that are not essential, providing ergonomic furniture or equipment, changing where a person sits to reduce distractions or allergens, or temporarily reassigning minor tasks to others. In some cases, unpaid leave for treatment or recovery can be a reasonable accommodation, especially when there is a clear plan for returning to work within a defined period. The law encourages creativity, as long as the solution allows the employee to perform the important parts of the job.
There are limits. Employers do not have to remove essential functions of a job. If a position truly requires frequent heavy lifting as a core duty, and no reasonable adjustments are possible, the employer may not have to create a light duty job indefinitely. Employers are also not required to adopt accommodations that create undue hardship, which usually means significant difficulty or expense when considering the size and resources of the business. An accommodation that is easier for a large corporation might be much harder for a small local employer with a thin staff.
We often work with Maryland employees to frame their accommodation requests in ways that highlight how they can keep doing their jobs effectively. When we see an employer insist on a one size fits all rule, such as “no restrictions at all” or “no work from home for any reason,” that is a red flag. The law expects an individualized assessment, and our experience has been that employers are more likely to engage in good faith when they see a clear, workable proposal that focuses on job duties rather than just limitations.
How To Ask For Accommodations At Work In Maryland
Many workers hesitate to ask for accommodations because they are afraid of being labeled difficult or unreliable. Legally, you do not need to quote the ADA or use special phrases. You need to give your employer enough information to understand that you have a medical condition that affects your ability to work and that you are asking for a change at work because of that condition. That can be the start of the interactive process that the law expects.
In practice, it is usually better to make your request in writing, even if you first spoke to your supervisor or HR in person. An email that briefly describes your condition in general terms, explains the limitations you are experiencing at work, and proposes one or more specific accommodations creates a clear record. You might say that you have a medical condition affecting your ability to stand for long periods, that your doctor has recommended sitting breaks, and that you are asking for the ability to use a stool or alternate between sitting and standing during your shift.
Your employer is allowed to ask for medical documentation that confirms your condition and the need for accommodations. That does not mean you have to turn over your entire medical history. Often, a short letter from your health care provider that states your diagnosis in general terms, describes your work related limitations, and recommends specific restrictions or accommodations is enough. Working with your doctor to focus on what you can and cannot do at work, rather than every detail of your treatment, can protect your privacy while still giving your employer what it needs to evaluate your request.
The interactive process should be a conversation, not a one word answer. Your employer might respond with questions, propose a different accommodation than the one you requested, or ask how long you expect certain limitations to last. You are not guaranteed your preferred accommodation, but your employer is expected to seriously consider options and to explain if a particular request would cause undue hardship. When we review these exchanges in Maryland cases, we look not just at the final answer but at whether the employer engaged with the request in a meaningful way or simply shut it down.
Documenting Your Requests & Employer Responses
Good documentation is often the difference between a strong and weak disability discrimination case. Keeping copies of your emails to HR or your manager, your doctor’s notes or letters, and any written responses from the employer can help establish what you requested and how the employer handled it. Saving performance reviews, attendance records, and relevant policies, such as attendance or remote work policies, can also provide important context if your employer later claims it treated everyone the same.
Not every important conversation happens in writing. If you have in person or phone discussions about your condition or accommodations, consider making brief notes afterward with the date, who you spoke with, and what was said. These contemporaneous notes can be important if memories change later. In our work with Maryland employees, we regularly review these kinds of notes and records to build timelines and to challenge an employer’s version of events when it does not line up with what actually happened.
Red Flags That Your Employer May Be Crossing The Line
Sometimes, discrimination is obvious, such as mocking comments about your condition or open refusal to accept any medical restrictions. More often, it looks like a series of subtle changes that, taken together, suggest your disability is driving decisions. One red flag is timing. If your performance reviews were positive for years, you disclosed a disability and requested accommodations, and within weeks you started receiving sudden write ups or harsh evaluations, that timing deserves a closer look.
Another warning sign is an employer that refuses to consider any accommodations at all. Statements like “we do not do light duty for anyone,” “we do not allow remote work under any circumstances,” or “we only want employees who are 100 percent” can signal that the employer is ignoring its duty to look at your specific situation. Forcing you onto unpaid leave or pushing you to apply for long term disability instead of exploring adjustments that would let you keep working can also be problematic, especially if your doctor believes you can safely perform your job with reasonable changes.
Retaliation is its own form of illegal conduct. If you requested an accommodation, raised concerns about discrimination, or filed an internal complaint, then soon after you find your schedule changed to less desirable shifts, you get moved to a lower visibility role, or you are excluded from meetings and opportunities you previously had, those actions may be retaliatory. Your employer might claim these are ordinary business decisions, but when we evaluate Maryland cases, we compare how other employees were treated and how the timing lines up with your protected activity.
We regularly see Maryland employers frame problematic decisions as neutral policies or business needs. Our job is to test those explanations against the documents and the law. Not every negative action will support a legal claim, and part of our role is to give clients an honest assessment. At the same time, we know from experience that when these red flags appear together with poor handling of accommodation requests, there is often a strong basis to argue that disability discrimination or retaliation has occurred.
Steps To Take If You Suspect Disability Discrimination
If you think your employer is treating you unfairly because of a disability, taking purposeful steps now can protect both your job and your legal options. Internally, follow any complaint procedures in your handbook or policies, and consider putting your concerns in writing to HR or a higher level manager. Be factual and specific about what has happened, when it happened, and how you believe it relates to your disability or your accommodation request, and keep a copy of what you send.
At the same time, try to continue performing your job within the restrictions your doctor has set, and avoid giving your employer easy grounds for discipline unrelated to the disability. If your employer asks for documentation, provide reasonable medical support for your limitations and your need for accommodations. If you feel comfortable, you can also ask for clarification in writing if your employer denies your request, such as why it believes an accommodation is not reasonable or would cause undue hardship.
Externally, many workers in Maryland pursue disability discrimination claims by filing a charge with the Equal Employment Opportunity Commission or the Maryland Commission on Civil Rights. These agencies typically have deadlines that start running from the date of the discriminatory act, such as a termination or denial of an accommodation, and missing those deadlines can limit your options. It is safer to assume you have months, not years, to act, which is why early legal advice can be crucial.
Speaking with an employment lawyer is especially important in certain situations. If you have been fired or are on the verge of termination, if your employer is ignoring clear medical documentation, or if the interactive process has completely stalled, getting case specific guidance can help you decide whether to push internally, pursue an agency charge, or both. Because The Law Office of Andrew M. Dansicker has handled discrimination, wrongful termination, and accommodation disputes for Maryland workers since 2008, we can walk you through how similar situations have played out and what strategies may make sense for your goals.
How Our Maryland Employment Law Firm Supports Workers With Disabilities
When we meet with a Maryland worker who suspects disability discrimination, we start by listening to their story and then mapping out a detailed timeline. We review emails, texts, performance reviews, attendance records, accommodation requests, and medical notes to see how the story fits, and to identify key turning points. Often, the pattern that emerges on paper is clearer than what it felt like day to day, which helps us evaluate whether the law has likely been violated.
Depending on the situation, we may help clients revise how they communicate with their employer going forward, suggest specific language for accommodation requests or follow up emails, or assist in drafting internal complaints. In some cases, we contact the employer or its counsel directly to explore solutions, such as better accommodations or negotiated separations. In others, we help clients file charges with the EEOC or Maryland Commission on Civil Rights and represent them through the agency process and, when appropriate, into litigation.
Our approach is not to push every client toward the same outcome. Some workers want to keep their job with reasonable accommodations, even if the relationship with the employer is strained. Others feel they cannot stay and want to focus on negotiating a dignified exit or pursuing damages after termination. Because we have experience on both sides of employment law matters and maintain relationships with defense and in house counsel across Maryland, we understand how employers and their lawyers think about these decisions. That perspective helps us tailor strategies that align with our clients’ goals and set realistic expectations about the road ahead.
Talk With A Maryland Employment Lawyer About Disability Discrimination
Disability discrimination laws in Maryland are meant to protect your health, your job, and your ability to work with dignity, but they can be difficult to navigate when you are already dealing with medical issues and job stress. Understanding what counts as a disability, how reasonable accommodations work, and what red flags to watch for can put you in a stronger position, but you do not have to sort it all out on your own.
If you believe your Maryland employer has denied reasonable accommodations, treated you unfairly after you disclosed a condition, or pushed you out because of your disability, a focused employment law firm can help you understand your options. At The Law Office of Andrew M. Dansicker, we work with Maryland workers to review what has happened, assess whether the law has likely been violated, and plan a path that fits their goals, whether that involves staying, negotiating a transition, or pursuing formal claims.
Call (410) 213-3392 to discuss your situation with our team.