NEW YORK — March 13, 2026 — As employers push workers back to the office, disability discrimination lawsuits are surging — and companies risk more litigation if they fail to adapt workplace policies, according to a New York City employment attorney.
New data from the 2026 Employment Litigation Report by Lex Machina shows 26,635 federal employment lawsuits were filed in 2025, the highest level since 2018 and a 10% increase over 2024. The figures mark the third consecutive year of rising employment litigation.
Much of that increase is being driven by disability discrimination claims, particularly allegations that employers failed to provide reasonable accommodations.
According to the report, 6,796 disability discrimination lawsuits were filed last year — a 42% jump from the previous year. Overall employment discrimination filings reached 20,265 cases in 2025, up 16% year-over-year and the highest level since 2009.
“Return-to-office mandates have created new legal risks for employers,” said New York City employment attorney Steven Mitchell Sack, “The Employee’s Lawyer.” “Many companies rushed employees back without first evaluating the accommodations disabled workers may need to do their jobs. That’s where we’re seeing a lot of these lawsuits arise.”
He said employers should assess accommodation requests before implementing workplace policy changes.
“Reasonable accommodations aren’t optional,” Sack said. “If an employer cannot provide them in the office, allowing an employee to continue working remotely may be the appropriate solution.”
Workplace culture may also be contributing to the problem. A January report from TalentLMS found 62% of employees believe companies overlook misconduct when the accused is a senior executive or manager.
Among employees who said they did not report misconduct:
- 56% said they believed nothing would happen
- 36% said they feared retaliation from their manager
“These numbers suggest many employees still feel unsafe reporting workplace problems,” Sack said. “Companies need systems that ensure complaints are taken seriously — no matter who is involved.”
He added that workers who experience discrimination, retaliation, or workplace misconduct should document the issue and seek legal guidance about their rights.
