Going about the workplace as a disabled employee can be challenging, especially when your employer is not complying with the Americans with Disabilities Act (ADA). However, an employee’s disability shouldn’t be a reason for despair. But is your employer violating the ADA and you don’t know what to do?
Similarly, are you wondering how to identify disability discrimination at work? Before you start with that, it’s crucial to understand why this step is necessary. Understanding disability discrimination, your rights under federal law, and how to take action if you believe your employer violates the ADA is crucial. A lack of understanding can make navigating workplace discrimination more difficult, which is why we recommend reviewing the basics first.
What Is Disability Discrimination?
Disability discrimination occurs when an employer treats a job applicant or employee unfairly due to a physical or mental impairment. The ADA prohibits covered employers from engaging in discriminatory practices during the hiring process, job assignments, and other employment-related activities.
This includes state and local governments, private employers, labor organizations, and employment agencies.
Disability discrimination can manifest in various ways, from outright denial of employment opportunities to more subtle forms like excluding disabled employees from projects or promotions. Recognizing the signs is the first step toward addressing the issue.
Recognizing Disability Discrimination at Work
Here are some of the most common ways to recognize disability discrimination at work for victims:
1. Failure to Provide Reasonable Accommodations
The ADA requires employers to provide reasonable accommodations to disabled employees unless doing so would cause an undue hardship. These accommodations could include:
- Adjusted work schedules
- Modified job duties
- Sign language interpreters
- Accessible workspaces
- Equipment modifications
However, many employees struggle to get the accommodations they need. Employers may refuse, delay, or provide inadequate adjustments, forcing employees to work under conditions that do not support their disabilities.
Understanding your right to accommodations and engaging in an interactive process with your employer is essential. Moreover, it might also help you see how your company might be preventing you from opting for local government programs for your betterment.
2. Adverse Employment Actions Based on Disability
An employer violates the ADA when they take adverse employment action against an employee because of his or her disability. This includes:
- Wrongful termination
- Demotion
- Reduced pay or benefits
- Job reassignments based on disability rather than performance
- Exclusion from training programs
Disabled employees often face systemic challenges when it comes to career growth, depending on their job category. Discriminatory employers may attempt to push them out through constant performance scrutiny, micromanagement, or creating an unwelcoming work environment.
3. Unfair Hiring Practices
Qualified applicants with disabilities should not face discrimination in the hiring process. The ADA prohibits discrimination against individuals with disabilities who can perform essential job functions with or without reasonable accommodations.
Several qualified applicants with such an impairment should be given equal access to job opportunities without undue barriers.
Hiring managers sometimes use a candidate’s disability, explicitly or implicitly, as a factor in decision-making, even though such practices violate federal law. Ensuring fair hiring practices requires vigilance and accountability from both job seekers and advocacy organizations.
4. Unlawful Medical Examinations and Inquiries
Under the ADA, employers cannot require job applicants to undergo a medical exam before extending a job offer. After hiring, any medical examinations must be job-related and consistent with business necessity. Additionally, employers must keep medical records confidential.
Some employers try to bypass this rule by asking indirect questions about an applicant’s health history or requiring excessive documentation to process reasonable accommodations. Employees and job seekers should be cautious and document any inappropriate inquiries.
5. Hostile Work Environment and Retaliation
A work environment where disabled employees face harassment, exclusion, or retaliation for requesting accommodations or filing disability discrimination claims may violate the ADA.
Employers cannot punish employees for asserting their rights, whether by negotiating informally or filing an official complaint with the Equal Employment Opportunity Commission (EEOC).
Retaliation can take many forms, including sudden poor performance reviews, exclusion from meetings, unwarranted disciplinary actions, or even termination. Employers often attempt to disguise retaliation under performance-related justifications, making it critical for employees to document any changes in treatment after asserting their rights.
How to Prove Disability Discrimination
To establish an ADA violation, you must demonstrate:
- A Person’s Disability: You have a medical condition that substantially limits a major life activity.
- Qualified for the Job: You can perform essential job functions with or without reasonable accommodations.
- Employer’s Actions Were Discriminatory: You suffered an adverse employment action due to your disability.
Collecting evidence such as emails, performance evaluations, witness testimonies, and medical documentation is crucial to building a strong case.
Taking Action Against Disability Discrimination
Here are key steps to address disability discrimination in the workplace and seek justice.
1. Engage in the Interactive Process
The ADA requires employers and employees to communicate and determine suitable accommodations. If an employer refuses to engage in this interactive process, it may be a sign of alleged discrimination.
The interactive process should be a collaborative effort, but many employers attempt to stall or outright refuse discussions. Employees should keep a record of all conversations, email exchanges, and requests related to accommodations.
2. File a Complaint with the EEOC
The EEOC enforces the ADA and investigates disability discrimination claims. Filing a charge with the EEOC is a crucial step before pursuing a lawsuit.
Employees must file their claim within 180 days of the alleged violation (or 300 days in some states with extended deadlines). The EEOC may investigate, attempt mediation, or issue a “right to sue” letter if further legal action is necessary.
3. Seek Legal Assistance
Consulting an employment lawyer specializing in ADA violations can provide guidance on filing a claim, gathering evidence, and seeking legal remedies. Some attorneys offer a free consultation to evaluate your case.
Disability discrimination cases can be complex, requiring professional legal insight. An employment lawyer can help handle the legal system and maximize your chances of success.
4. Remedies for ADA Violations
Employees who successfully prove discrimination may be entitled to:
- Back pay
- Job reinstatement
- Attorneys’ fees
- Compensation for emotional distress
In severe cases, courts may award punitive damages against the employer to deter future violations.
Conclusion
Disability discrimination is illegal under federal law and should not be tolerated in the workplace. The ADA protects employees from unfair treatment and ensures equal employment opportunities for individuals with disabilities.
If you suspect your employer is violating ADA requirements, take proactive steps to assert your rights, seek legal advice, and hold your employer accountable.
Your right to a fair and accessible workplace matters! Start standing up against discrimination with the employment lawyers at Bourassa Law Group. This will help create a more inclusive work environment for everyone.
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