The numbers are in, and they’re louder than ever. For the past five years, disability discrimination claims have consistently ranked as the second most frequently filed type of charge with the EEOC. And just as I predicted, 2024 saw another increase. In 2023, these claims made up 36% of all EEOC charges. In 2024, they jumped to 38%—the highest we’ve ever seen. This isn’t just a statistic; it’s a wake-up call for employers who haven’t embraced an accommodation mindset.
Disability discrimination isn’t always loud or obvious. It often shows up in the form of inaction, delay, or a failure to engage in the interactive process. It’s dismissing a request as “unreasonable” without exploring alternatives, or neglecting to train managers on their responsibilities under the Americans with Disabilities Act (ADA). When employers assume that accommodating someone with a disability is a burden, they miss out on supporting valuable, qualified talent—and risk non-compliance with the law.
When interviewing candidates with disabilities or addressing accommodation requests from current employees, we must shift our perspective. Imagine the person requesting accommodation as your son, your father, your best friend, or your partner. Would you not do everything in your power to support someone you care about? This mindset is essential not only for fostering an inclusive work environment but also for ensuring compliance with the ADA and avoiding costly legal issues.
An accommodation mindset means being proactive, flexible, and creative. It’s about saying, “Let’s figure this out together,” rather than dismissing a request outright. Simple adjustments—a modified schedule, specialized equipment, or a slight restructuring of job duties—can make all the difference between an employee thriving at work and being unfairly pushed aside. Employers who embrace this mindset build workplaces where every qualified individual has a fair opportunity to succeed.
For close to 15 years, I worked with approximately 400 individuals with disabilities under one roof, and during that time, the ADA became not just a regulation, but a passion of mine. I learned firsthand that when you support your employees with genuine, creative accommodations, you not only comply with the law but also enhance your organization’s culture and productivity. We must be vigilant, ensuring our practices do not contribute to the rising statistics of disability discrimination claims.
I urge every employer and HR professional: protect your organization by developing expertise in ADA compliance. If you’re ready to become an expert in ensuring that your workplace is both legally compliant and genuinely inclusive, join our 2-Day ADA/FMLA Certificate Program.
I promise you will be very satisfied with what you learn—it’s an investment in your people, your culture, and your future. Because at the end of the day, doing what’s right isn’t just good ethics—it’s good business.
Link to view our 2 Day ADA/FMLA Certificate Program’s Agenda and/or register:
Elga Lejarza
Founder & CEO
