Disability discrimination appeals challenge legal errors after an employment law claim is denied or dismissed. If your case involving a failure to accommodate, wrongful termination, or unlawful medical inquiry did not succeed, you may still have options. At The Keleher Appellate Law Group, LLC, we represent clients in Chicago and across Illinois in appeals under the Americans with Disabilities Act (ADA) and Illinois law. We review the record, identify legal issues, and build appellate arguments designed to change the outcome.
Why Work with The Keleher Appellate Law Group, LLC
- Christopher Keleher is a former federal appellate clerk with insight into how reviewing courts evaluate cases
- Focused appellate practice, not trial-level litigation
- Small, selective caseload so every client receives individualized attention
- Representation in federal and Illinois appellate courts, including the Seventh Circuit
- Detailed record analysis to identify preserved legal errors
- Clear, structured appellate briefs designed for how courts actually decide cases
What Is a Disability Discrimination Appeal?
A disability discrimination appeal does not retry your case. Appellate courts review the existing record to determine whether the law was applied correctly.
Common issues on appeal include:
- Courts applying the wrong legal test when evaluating discrimination claims (including the McDonnell Douglas framework)
- Granting summary judgment on failure-to-accommodate claims without fully considering the evidence
- Excluding or misinterpreting key evidence related to discrimination
- Providing incorrect or misleading jury instructions under the ADA
- Procedural errors that affected how the case was decided
If these types of errors occurred, the case may be reversed or sent back for further proceedings.
What Are Your Options After a Disability Discrimination Claim Is Denied in Illinois?
Your options depend on where your case was decided.
EEOC and Private-Sector Claims
If the EEOC dismisses your charge, or if 180 days pass without a final decision, you may request a right-to-sue letter and file a lawsuit in federal court within 90 days.
If your case was already decided in federal district court, you may appeal to the U.S. Court of Appeals for the Seventh Circuit, which hears federal appeals from Illinois.
Federal Employee Appeals
Federal employees must file appeals with the EEOC Office of Federal Operations within 30 days of receiving a final agency decision. These deadlines are strictly enforced.
Illinois Administrative and Court Appeals
If your claim was handled by the Illinois Department of Human Rights or in state court, appeals must follow Illinois appellate rules. In many cases, a notice of appeal must be filed within 30 days of the final judgment.
Deadlines in appellate practice are strict. Missing one can end your case regardless of its merits.
How Do You Prove Legal Error in a Disability Discrimination Appeal?
Discrimination appeals succeed by showing legal error, not by rearguing facts.
Analyze the Full Record
We review transcripts, filings, and rulings to identify where the outcome may have been affected by incorrect legal analysis.
Show Pretext
If an employer offers a non-discriminatory reason for its actions, the appeal must show that the reasoning was not supported by the evidence or was improperly accepted by the court.
Address Accommodation Standards
Courts evaluate whether:
- the employer engaged in a good-faith interactive process
- the requested accommodation was reasonable
Not every denial qualifies as discrimination. For example, remote work is not automatically considered a required accommodation and depends on the job duties and circumstances.
Identify Procedural Errors
Appeals often turn on issues such as:
- improper exclusion of key evidence
- incorrect legal standards
- failure to follow required procedures
What Happens If You Win a Disability Discrimination Appeal?
If an appeal is successful, the outcome may include:
- Reversal of the prior decision
- Remand for further proceedings
- Reinstatement to your position
- Back pay or front pay
- Compensation for emotional distress
The result depends on the type of error and how it affected the original decision.
Speak With a Chicago Disability Discrimination Appeals Attorney
If your disability discrimination claim was denied or dismissed, the decision may not be final. We identify legal errors and present arguments in a way that aligns with how appellate courts review and decide cases. The Keleher Appellate Law Group, LLC will review your case and help you determine whether an appeal is a strong next step. Contact us to discuss your options.
Frequently Asked Questions
Can I appeal if my case was dismissed on summary judgment?
Yes. Summary judgment rulings are a common basis for appeal, especially if the court improperly evaluated the evidence.
What happens if I miss an appeal deadline?
In most cases, the appeal will be dismissed. Appellate courts enforce filing deadlines strictly.
Can an employer be liable for medical inquiries even if I am not disabled?
Yes. The ADA limits certain medical inquiries regardless of whether the employee meets the legal definition of disability.
Is an appeal worth pursuing in every case?
No. An appeal must be based on an identifiable legal error. We evaluate whether the record supports a viable argument before recommending next steps.