What Are Examples of Disability Discrimination in the Workplace?
There are several ways that you may be subjected to disability discrimination in the workplace. Disability discrimination happens when an employer or some other entity who is covered by the Americans with Disabilities Act (ADA) treats a disabled person who applies for a job there or who works there unfavorably. There are many ways that an employer can discriminate against a disabled employee.
Maintaining documentation to support your claim and to prove that you were the victim of discrimination because of your disability. There are countless kinds of disabilities. A medical condition – either physical or mental – can qualify as a disability if it affects your ability to perform regular tasks and do the job as other workers would do. If your condition meets the criteria of a disability per the ADA, you are protected by the laws that help prevent mistreatment and abuse of disabled workers. There are many different ways in which an employer can discriminate against a disabled employee. Here are a few ways in which an employer may discriminate against a disabled employee or applicant:
- No reasonable accommodations – An applicant or employee with a disability has the right to ask for reasonable accommodations so they can properly handle the assignment or work they are supposed to do. These accommodations must be provided just so long as they are reasonable and just so long as they aren’t too inconvenient or expensive for the business based on its size and financial standings.
- Breach of confidentiality – You have the right to confidentiality, so your employer doesn’t have the right to discuss your medical issues and disabilities with co-workers or customers. If they do, they have breached confidentiality.
- Discrimination based on physical or mental disability – There are many different ways in which discrimination based on mental or physical disability can take place. This may be mocking someone, making fun of them, or basically telling them that they cannot do something or that they cannot be promoted or refusing to employ them all together.
- Harassing someone because of a disability – This can take many forms. They may make fun of the individual’s medical conditions by cracking jokes and making rude remarks. The manager or a co-worker may even encourage others to do the same.
- Other kinds of discrimination – There are many ways a disabled worker could fall victim to discrimination. It can involve a workplace practice or rule that applies to all employees being disadvantageous to disabled workers. Also, victimization can occur in which someone is treated unfairly because they made a complaint or supported a complaint about disability discrimination.
Evidence is essential to prove your disability discrimination claim. Be sure to keep all paperwork, such as handbooks, supporting documents, contracts, and so forth. Also, be sure to make notes and keep documents that confirm what happened, what was said, and how things were done. Also, be sure to ask any witnesses to any comments made to you as well as how you were treated.
Any evidence that you can gather to support your claim will be helpful, and the more evidence that you have, the more likely you are to have a successful claim for disability discrimination in the workplace. You should speak with a disability discrimination lawyer who handles such cases in your state.
Consult With An Attorney
If you have been the victim of disability discrimination in the workplace, you need to write a disability discrimination complaint letter to your employer. You should consult with a disability discrimination lawyer who is licensed to handle employment law matters in your state. With the help of an attorney, you are much more likely to succeed with your claim against your employer. Your lawyer will review the details of your case, gather the supporting evidence, and build an aggressive case to prove that you were mistreated, so you can recover compensation for your damages.
When you enlist the help of an employment law attorney, you are much more likely to have a successful case against your employer. When you hire an attorney, you will not have to pay anything out of pocket because employment law attorneys work on the contingency basis. That means that your lawyer will not be paid until you win your claim and recover compensation for your damages. To make sure your claim is underway before time runs out, complete the Free Case Evaluation Form on this page and have the details of your case reviewed with a lawyer who handles such cases in your area.
