What constitutes disability discrimination?

| May 27, 2020 | Employment Law |

If you have a disability, you may have faced discrimination for it in the workplace. The American with Disabilities Act (ADA) protects your right to employment. And it allows you to receive any reasonable accommodations you need to perform your job. Yet, employers may think these laws impede their efficiency and bottom line. No matter their perspective, they must follow them. When an employer or prospective employer breaks these laws, it’s crucial to know your rights.

What disability discrimination looks like

In 2019, the U.S. Equal Employment Opportunity Commission (EEOC) received over 24,000 disability discrimination claims. This figure accounts for over one-third of the total charges filed through the department. Many claims go unreported, too, because victims fear retaliation from their harasser or employer.

Discrimination charges can take many different forms. Companies may discriminate against disabled employees if they:

  • Fail to hire disabled job applicants for positions they were qualified for
  • Fail to provide necessary accommodations for disabled employees
  • Deny disabled workers opportunities for promotion or pay raises
  • Permit harassment of disabled employees
  • Terminate employees due to disability

What you can do

If your employer or colleagues discriminate against you due to your disability, you will need to file a claim. You may worry about potential blowback, but it is crucial to stand up for yourself if your work environment is unsafe or hostile. Under the ADA, you have rights to certain remedies. These include:

  • Receiving reasonable workplace accommodations
  • Receiving a job offer or promotion initially denied you
  • Receiving damages appropriate to the situation
  • Reinstatement to a position lost due to discrimination

Disability discrimination is all too common in the workplace. But if you experience it, know that you have ways to fight back against it. An attorney with employment law experience can help you advocate for your rights.