Disability discrimination

Have You Experienced Disability Discrimination? It May Be Time to Call an Employment Attorney

In spite of the many legal protections we have in California, sadly, many people are still discriminated against in the workplace because of a disability. In this post, we discuss what constitutes disability discrimination and how it shows up in many places. You don’t have to suffer in silence, though. An employment lawyer can help with disability discrimination, whether you’ve lost your job or feel that you’re facing discrimination right now in your current position.

What Is Disability Discrimination?

Disability discrimination is being treated negatively or differently at work because of a physical or mental disability or due to a medical condition. Similar to other forms of discrimination, such as racism, ageism, or sexism, disability discrimination can have long-lasting consequences for the recipient, which we discuss more below.

What Are Some Examples of Disability Discrimination?

Examples of disability discrimination can range from extreme reactions to more subtle forms of workplace bias. However, some common ways disability discrimination manifests include:

• Firing an employee because of their disability
• Refusing to hire someone or firing someone because they have someone in their household with a disability
• Changing work duties or conditions after someone with a disability has been hired and has been already performing their job
• “Managing out” a disabled employee (AKA constructive termination) by making work conditions so unbearable that they feel pressured to quit
• Retaliating against someone with a disability for speaking up about disability discrimination at work or whistleblowing
• Treating disabled employees differently, including passing them up for promotion
• Not permitting a disabled person time off work for needed medical treatment
• Allowing or participating in workplace harassment based on someone’s disability
• Failure to provide reasonable accommodations for a disabled person at the place of business

Reasonable accommodations are things an employer can do with relative ease to make the workplace suitable for someone with a disability. This includes, for example, providing accessible entrances and washrooms, desks that accommodate wheelchairs, and software to assist with hearing or sight impairments. It may also include modifying work schedules. It’s not expected for the entire workplace to be reconfigured for disabled employees, but modifying elements to allow for “major life activities” should be done.

It’s not unusual, unfortunately, for an employer to hire someone with a disability and later make their job difficult or impossible to do. For example, they may suddenly be required to carry heavy objects or reach something on a high shelf from a wheelchair, which isn’t feasible. Sometimes, even when other employees are willing to help the disabled worker by dividing up jobs based on what they are capable of, the boss takes a hard line and insists that “everyone must perform the exact same duties,” which in many cases is illegal.

What Disabilities Are Protected by the ADA and Other Legislation?

Both state and federal laws forbid discriminating against an employee because of a disability. You may have heard of the ADA, which stands for the Americans with Disabilities Act, implemented in 1990 and bolstered in 2008. This legislation and other bills like it make disability discrimination illegal.

The ADA does not contain an exhaustive list of disabilities that are protected from discrimination. However, it is widely accepted that the legislation covers conditions like these:

• Autism
• Bipolar disorder
• Blindness
• Cancer
• Cerebral palsy
• Deafness
• Diabetes
• Epilepsy
• HIV infection
• Intellectual disabilities
• Major depressive disorder
• Mobility impairments requiring the use of a wheelchair
• Multiple sclerosis
• Muscular dystrophy
• Obsessive-compulsive disorder
• Partial or completely missing limbs
• Post-traumatic stress disorder
• Schizophrenia

Someone with a disability is someone who has “a physical or mental impairment that substantially limits one or more major life activities; has a record of such an impairment; or is regarded as having such an impairment,” according to the ADA.

The spirit of the law means that employers shouldn’t argue with employees about what constitutes a disability; rather, they should make reasonable efforts to accommodate people who meet the definition above. A workplace that won’t even enter into a discussion about accommodations may well violate the law.

How Do Employment Attorneys Help With Disability Discrimination?

As you may gather from reading the previous information, determining whether or not someone has a disability may seem open to debate. And it can be difficult to prove discrimination in some more subtle cases.

In other cases, employers bank on workers being frightened of speaking up about disability discrimination. As a result, people with disabilities may legitimately fear losing their paycheck if they come forward about discriminatory practices. Or they may worry about getting a bad reference or not receiving pay owed to them if they’ve been let go.

That’s why consulting with an employment attorney can be a wise move if you feel you’ve been targeted by disability discrimination. A lawyer who specializes in employment issues can validate that your employer is or was in violation of the ADA. In addition, they can help with many related concerns, such as:

• Getting appropriate reasonable accommodations in the workplace
• Ensuring you are allowed to take time off for medical treatment
• Stopping harassment or being overlooked for career advancement
• Receiving back pay or bonuses owed to you
• Reinstating your employment status if you’ve been wrongfully terminated

In some instances, you may be owed damages related to the hardship you’ve endured because of disability discrimination or damages to your reputation. An employment attorney can represent you in court, if needed, to ensure your rights are protected and you receive any compensation that is due to you. By standing up against disability discrimination, you also help prevent that employer from doing the same thing to others with disabilities in the future. Employers who practice discrimination may be subject to citations and fines at the state and federal levels, in addition to what they owe you.

Do You Believe You Have Been Discriminated Against Because of a Disability?

Have you been the subject of disability discrimination in your workplace? The Employee Law Group is here to help you. We have the experience and resources to pursue a case against your employer. And we can help you feel that you’re not going it alone and have someone on your side in fighting this injustice.

Call the Employee Law Group today at 310-606-0065, or reach out online to tell us more about your situation. You don’t have to endure discrimination because of your disability. Get the support you need with a free consultation from seasoned employment attorneys.