Recognizing disability discrimination in the workplace
Those who are disabled are legally protected from being discriminated against in the workplace due to their condition. This means that an employer cannot be discriminatory against a person with a disability in the hiring process, in any aspect of their employment including the promotion and demotion process, and when making decisions to terminate an employment.
If you have a disability and you believe that you have been subject to discrimination in the workplace, it is important that you identify the instance or instances of discrimination and that you take early action to assert your rights. Doing so may prevent you from suffering further from discrimination, and could help you to gain back significant damages that resulted from lost wages. The following are some ways that disability discrimination can occur in the workplace.
You are denied reasonable accommodations
The Americans with Disabilities Act (ADA) was passed in 1990 with the purpose of making the workplace more equal for those with disabilities. It requires employers to make reasonable accommodations for employees when necessary. This means that if, for example, you need a larger computer screen or a special chair to work from, your employer should be able to provide you with this. If they refuse, it may constitute a case of discrimination.
You are denied a promotion when you were the most qualified candidate
If you are clearly the most qualified candidate for a promotion and have jumped through all of the necessary hurdles to qualify, you’ll expect to be promoted. However, if you are refused the promotion for no apparent reason, you may want to consider whether discrimination is the reason.
You were terminated for no good reason
If you were fired for no good reason, you may suspect that you were discriminated against, and you may be able to successfully file a legal claim.
It is important that you take action quickly after an instance of suspected discrimination so that you can successfully gain back damages.