How can employees protect themselves from disability discrimination?

disability discrimination

The Americans with Disabilities Act and other state disability discrimination laws protect employees with disabilities from being treated unfairly on the job. Whether it’s being passed over for a promotion, being denied a needed accommodation, or being made to feel isolated in a work environment that’s not accommodating to people with disabilities, these types of treatment are unlawful. If you’re not sure if your situation is discrimination, consider the following warning signs that it could be.

Your employer is refusing to make reasonable accommodations to help with your disability. Under federal law, private employers with more than 15 employees must allow their workers to request reasonable accommodations if they have a known physical or mental impairment that limits their performance on the job. The law also requires employers to engage in an interactive process with employees and applicants who need accommodations to identify what would be effective for them. However, an employer can’t make a modification that is unduly expensive or disruptive to the business or requires extensive physical or structural changes to the workplace.

You’re being subjected to unwelcome medical inquiries about your disability discrimination in the workplace. These may include questions about the nature and severity of your condition, as well as information about previous hospitalizations or treatments you’ve received. These kinds of requests aren’t just inappropriate, but they can also be considered discrimination under the ADA.

How can employees protect themselves from disability discrimination?

Your supervisor or manager is making improper remarks about your disability. These remarks may be insinuations or outright derogatory comments that are meant to hurt your feelings. If your supervisor or manager makes these kinds of remarks, they’re breaking the law and could be subject to a lawsuit.

Someone else is harassing you or making unwanted sexual advances because of your disability law. These violations of the law are illegal, and you can file a complaint with the EEOC or a state fair employment practices agency. You’ve complained about discrimination and your concerns haven’t been taken seriously. When this happens, it’s called retaliation and isn’t just cruel—it’s also against the law. This type of behavior isn’t tolerated, and it can result in reprimands, unfavorable reviews, or even losing your job.

It’s important to know that discrimination against workers with disabilities isn’t always obvious. It can take the form of subtle actions or behaviors that may be difficult to recognize, especially when the discrimination isn’t overt. If you’re experiencing any of the above situations, or if you think your rights have been violated, contact our experienced attorneys. We will review your case for free, and help you determine the best legal options going forward. We’ve helped thousands of people fight back against unfair and discriminatory treatment, and we can do the same for you. Contact us today to get started.

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