J. Madison PLC
Practice AreasDisability Bias
Disability Discrimination Lawyers
Disability discrimination is disparate treatment because of a disability — not the same fight as failure to accommodate. We challenge discipline, demotion, and termination after disclosure or leave, under the ADA and Virginia’s VHRA, including damages theories that look beyond federal caps.
J. Madison PLC is licensed in Virginia. We handle Virginia employment matters and federal employment claims (including EEOC, MSPB, FCA, and Defense Contractor Whistleblower Protection Act matters) nationwide where permitted. Pure other-state law claims may require local counsel, which you may be able to find through our affiliate network.
ADA disparate treatment vs. accommodation
If the employer treated you worse because of disability — or regarded you as disabled — that is discrimination. If they refused a reasonable accommodation or abandoned the interactive process, that is a separate accommodation claim. Many cases include both theories.
- Post-disclosure retaliation: Sudden PIPs, attendance crackdowns, or “fit for duty” pressure after you disclosed a condition.
- Regarded-as claims: Bias based on assumptions about your health even when you can perform the job.
- Interactive process failures: Stonewalling, endless medical demands, or blanket “no telework” rules that never engage on your request.
SSDI applications and ADA claims can coexist
An SSDI award does not automatically bar an ADA claim. The question is whether — with or without reasonable accommodation — you could perform essential functions. We frame that interplay carefully so benefits paperwork does not get twisted into a concession you cannot work.
Damages: ADA caps and VHRA
Federal ADA compensatory and punitive damages are capped by employer size. Virginia VHRA theories can matter for damages strategy in Virginia matters. We evaluate both stacks — including how emotional-distress and other remedies travel — as part of underwriting, not as a promised recovery.
Contractor and joint-employer capability
In federal contracting corridors, the “employer” question is often contested. We evaluate joint-employer and contractor-control themes when staffing firms, primes, and agencies share control over your work — a firm capability, not a one-size slogan.
Cloud Counsel
Organize medical disclosures, performance history, and comparator evidence in Cloud Counsel before underwriting.
Learn how Cloud Counsel worksFrequently Asked Questions
Does applying for SSDI kill my ADA case?
Not automatically. Courts examine consistency between disability-benefit statements and the ADA claim that you can work with or without accommodation. We help frame that carefully.
Is disability discrimination the same as failure to accommodate?
No. Discrimination is adverse treatment because of disability. Accommodation is the interactive-process / reasonable-adjustment track. Many files include both theories.
Do ADA damages caps always control?
ADA caps apply to certain federal remedies. Virginia VHRA claims may offer a different damages picture in Virginia matters. We map both.
Do I need an EEOC charge?
ADA claims generally require a timely EEOC charge. VHRA paths can differ. Do not wait — deadlines are short.
Can these cases be contingent fee?
Often when facts and damages support underwriting. Acceptance is not guaranteed.