I think my son was discriminated against because of a disability? Can we sue his employer?

Question: My son who is 21 was working at food service at NC State. He is DD Adult
when he was working there He called in sick one day it was on a Friday
his supevisor told him he signed a form he could not take Friday's off
if he did he would be fired. I called and told him I wanted to see the
form and got his case worker to call no form was ever produced and his
supevisor boss man called and said it was a misunderstanding and to come
back to work. That was last year since then my son left we never could
trust them and they kept changing his hours.Can we go back and sue his
employer???

Answer: Because the employer ultimately permitted your son to return to work, and he apparently lost no wages, it would be difficult for him to prove a claim of discrimination. However, your question suggests that you believe your son's hours may have been adversely impacted, possibly because of his medical condition or perhaps because you complained when he was initially let go. If the change in hours is sufficiently severe and adversely impact the terms of his job, it might be worth exploring as a possible violation of the Americans with Disabilities Act. You migh consider calling the Equal Employment Opportunity Commission at 800-669-4000, or accessing its web site at www.eeoc.gov, for more information. Would suggest some concern that it sounds like so far the employer does not seem to have made what courts typically call an "adverse employment decision" as regards your son. Typically, such a decision is required to trigger discrimination rights.