What Is the Definition of Disability Discrimination?

Treating someone differently at work due to a physical disability, mental disability, or medical condition is considered disability discrimination. This form of discrimination can have many negative consequences, from emotional isolation to reduced income or even job loss.

Among people with various disabilities, the workplace is often cited as the place where the most discrimination occurs. One report found that 90 percent of all people with disabilities had undergone some type of workplace discrimination, even after the passing of federal laws to protect them, which we discuss below. This makes people reluctant to share information about their disabilities with colleagues or managers. Many people also suffer from retaliation if they raise the issue of disability discrimination that they have experienced.

How Do Employers Commonly Discriminate Against People With Disabilities?

There are multiple ways employers practice disability discrimination. Have you experienced any of these?

• Being fired for having a disability
• Not being considered for a job for which you’re qualified due to a disability
• Being let go once management finds out you have someone in your household with a disability
• Receiving less pay than non-disabled workers for performing the same job
• Being denied rightful overtime, commission, or bonuses
• Retaliation for whistleblowing about discriminatory acts at your workplace
• Not getting a promotion you deserve because of a disability
• Having your job duties changed after you were hired, even though your boss knows they are not physically possible due to your disability
• Not being allowed to take time off for medical care related to your disability
• Management or coworker harassment about your disability, including offensive humor, even if the person doesn’t realize they’re being discriminatory
• Not receiving reasonable accommodations for your disability, like accessible washrooms or building entrances
  

Some employers use a sneaky technique known as “managing someone out” or “constructive termination” to try to force someone with a disability out of their job. They make the position so unpleasant or arduous that the employee feels compelled to quit.

Are There Laws Against Disability Discrimination in California?

It’s sad to think that so much disability discrimination occurs in spite of there being both federal and state laws against it. Most famously, the ADA or Americans with Disabilities Act from 1990 and strengthened in 2008 makes disability discrimination illegal. Prior to that piece of legislation, the Fair Employment and Housing Act (FEHA) of 1974 made workplace discrimination unlawful in California, including discrimination against those with disabilities.

What Is Considered a Disability?

The list of disabilities protected by the ADA is constantly growing, as people become more knowledgeable about different health conditions and physical challenges. Some of the most common disabilities covered by the ADA include:

• 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

Pregnancy and the postpartum period may also be considered a disability when it comes to requiring employers to allow time off for medical care and birth and to provide reasonable workplace accommodations. Reasonable workplace accommodations for pregnancy include things like giving a worker the option to sit instead of stand, not making the worker lift heavy items, and providing a private space to those who are nursing for pumping breast milk.

What Should You Do if You Have Experienced Disability Discrimination in Los Angeles?

If you believe you have been discriminated against at work, it’s important to document everything as carefully as possible. Make copies of any emails, text messages, or other written communication, and keep them in a file at home, in case you should suddenly lose access to your workplace.

If you don’t feel comfortable talking to your employer about the situation, you may have to take more drastic steps, especially if the discrimination is affecting your income or job status. You may choose to file a formal complaint with the state’s Civil Rights Department (CRD). They will conduct an investigation or give you the opportunity to obtain a right-to-sue notice if you prefer to pursue the matter in court. Many people take the second route because the CRD is frequently overwhelmed with investigations into all kinds of discrimination, and there is also the possibility they may not find in your favor after waiting for months for a resolution.

How Does an Employment Lawyer Assist Victims of Disability Discrimination?

If you reach the point where you feel filing a complaint with the CRD or initiating a lawsuit is your only choice, you probably want to speak to an employment attorney who specializes in workplace disability discrimination cases. A lawyer can help you make sure your complaint is filed properly or start the court process.

Sometimes just a letter from a lawyer is enough to make an employer take disability discrimination more seriously. It might help you get back overtime pay or a promotion you are owed, or you could be reinstated in your job if you’ve already been wrongfully terminated. Pressure from an attorney can also help you receive reasonable workplace accommodations for your disability, including being allowed to take time off for medical appointments.

If you must go to court, an employment attorney like Employee Law Group can help you assemble your case, as they have the time and resources you don’t have. Your attorney will represent you in a trial and give you the best chance of achieving a positive outcome to get what you are due and have your rights protected.

Sometimes other illegal or criminal acts have been committed alongside workplace disability discrimination. An employment lawyer can help you sort out allegations of whistleblower retaliation, wage theft, or defamation of character and decide whether you have an additional case for these issues.

At Employee Law Group, we offer a completely free initial consultation to see if you have a case of workplace disability discrimination. You don’t have to endure discrimination in silence. Call us today at 310-407-7358, or get in touch online to let us know how we can help you.