Yes, employees can sue for disability based harassment under the Rehabilitation Act (if they are federal employees) and the ADA. To prevail on a disability harassment claim, an employee must show: (1) that he or she is disabled within the meaning of the law; (2) that he or she was subjected to a hostile workplace environment; and (3) that hostility was directed at the employee because of his or her disability.

• Can an employer refuse to hire an employee whose disability would present a health risk to himself or others?
• What does the court do if a reasonable accommodation conflicts with a seniority system?
• How does a court handle the issue of reasonable accommodations and undue hardships?
• Are there limitations as to what are reasonable accommodations?
• What is a reasonable accommodation in the ADA?
• Findings of Congress in the ADA
• The ADA mentions a qualified individual with a disability. What is such a qualified individual ?
• Are mental conditions cognizable under the ADA?
• What are some examples of disabilities under the ADA?
• How is a disability defined within the Americans with Disabilities Act (ADA)?
• What major laws prohibit discrimination based on disability or handicap?
• Are mixed motive claims cognizable under the ADEA as they are under Title VII?
• Does it violate the ADEA for an employer to provide a date of birth question on an employment application?
• Can an employer establish mandatory retirement limits?
• My supervisor made comments like you’re too old for the job. Is that evidence of age discrimination?
• Can young people even those under 40 sue for age discrimination under state laws?
• Can a younger person in the protected class sue for age discrimination?
• What if an employer fires one employee who is 65 and replaces him or her with someone who is 47. Does this constitute age discrimination since both employees are over 40?
• How old must an employee be to qualify for protection under the ADEA?
• What sorts of employer actions can constitute unlawful retaliation?