You have workplace rights. Here's what they actually are.

More people qualify than you think.

Under the ADA, a disability is a physical or mental impairment that substantially limits one or more major life activities. Major life activities include things like thinking, concentrating, communicating, sleeping, breathing, walking, seeing, hearing, working, caring for yourself, and many others.

You qualify if you:

• Have a physical or mental impairment that substantially limits a major life activity
• Have a record of such an impairment (even if it's currently managed or in remission)
• Are regarded as having such an impairment (even if your employer is wrong about your condition)

This includes (but is not limited to):

• Chronic conditions (diabetes, epilepsy, Crohn's, chronic pain, migraines)
• Mental health conditions (depression, anxiety, PTSD, bipolar disorder, OCD)
• Neurodevelopmental conditions (ADHD, autism, dyslexia, Tourette syndrome)
• Autoimmune conditions (lupus, MS, rheumatoid arthritis)
• Conditions in remission or managed with medication (cancer, HIV, mental health conditions)

The ADA applies to:

• Private employers with 15 or more employees
• State and local government employers (regardless of size)
• Employment agencies and labor unions
• Federal government (under the Rehabilitation Act, which has similar protections)

If your employer has fewer than 15 employees, the ADA may not apply. But many states have their own laws that cover smaller employers, sometimes down to one employee. Your state may also define disability more broadly or offer additional protections.

Use the rights finder to check what applies to you based on your employer's size and your state.

These are legal obligations, not generosity.*

• The right to reasonable accommodations that remove barriers in the workplace and enable you to complete essential job functions or participate equally.
• The right to the interactive process, where you and your employer work together to identify the best reasonable accommodation for your specific situation.
• The right to privacy. Only those who need to know of the existence of your disability should know. Information about your disability should be kept private from all others.
• The right to timely consideration. Your accommodation request must be considered and accommodation implemented in a timely manner.
• The right to equal opportunity. The same opportunity to apply, interview, be employed, promoted, and participate in workplace activities as someone without a disability.
• The right to be free from retaliation. Your employer cannot take adverse action against you for requesting an accommodation.

*Meeting the bare minimum of the law is not "generosity." It is their legal responsibility.

When you make a request, your employer is required to:

• Engage in the interactive process after receiving an accommodation request or identifying an apparent disability. This means they cannot just say "no."
• Provide reasonable accommodation so employees with disabilities have the same opportunities in hiring, promotion, and day-to-day work.
• Consider alternative accommodations if a requested accommodation causes an undue hardship.
• Offer an opportunity to change positions if effective reasonable accommodations in the current position cannot be found.
• Provide effective accommodations as long as they do not cause undue hardship.
• Keep related conversations and documentation private.
• Not discriminate based on a disability or perceived disability.
• Not retaliate after an employee requests an accommodation.

Your employer cannot:

• Ask general questions about disability in an interview, including whether you have one.
• Ask for documentation when a disability and need for accommodation is obvious.
• Ask for medical documentation that is not related to your request.
• Deny an accommodation request without engaging in the interactive process.

This is where employers get creative with excuses.

A reasonable accommodation is any change to the job, the work environment, or the way things are usually done that allows you to perform your essential job functions or participate equally.

"Reasonable" is a low bar. If the accommodation is reasonable on its face, it is reasonable. The question isn't whether the accommodation sounds unusual. The question is whether it would cause the employer undue hardship: significant difficulty or expense relative to their size and resources.

The burden of proving undue hardship is on the employer, not you. And they have to prove it with evidence, not just assert it. Common excuses that are not undue hardship:

• "We've never done that before."
• "If we do it for you, everyone will want it."
• "But you've been fine without it."
• "It would be too hard to manage."
• "That's not how we do things here."

Your employer is required to keep your disability and accommodation information confidential.

What this means in practice:

• Your medical information must be stored separately from your personnel file.
• Only people with a legitimate need to know should be informed about your disability.
• Your employer cannot tell your coworkers or your manager about your disability without your written consent.
• You can request that conversations about your disability happen in a private setting.

If your employer violates your confidentiality, that is itself a potential violation you can document and report.