Employers should not consider a worker’s medical condition when making hiring decisions. Additionally, they may have obligations under the Americans with Disabilities Act (ADA) to provide reasonable accommodations to workers in many circumstances.
Unfortunately, disability discrimination is still a relatively common issue that affects career prospects for people with a range of different disabling medical conditions. Being able to recognize disability discrimination when it occurs can help workers assert themselves and fight back to maintain their employment and hold companies accountable.
What are some of the more common forms of disability discrimination?
1. Maintaining inaccessible facilities
Workers with different medical conditions may need wheelchair-accessible bathrooms or ramps to access work buildings. They may need a workstation or office on the first floor. Employers do not have to make every single workspace accessible to each worker, but they do need to reasonably accommodate a worker’s limitations by offering accessible workspaces and facilities.
2. Refusing reasonable requests
Reasonable accommodation requests can range from a change in job functions and remote work arrangements to assistive technology. So long as the worker follows appropriate protocols and the requests do not create undue hardship, employers should attempt to meet accommodation requests made by workers with significant medical challenges.
3. Ignoring a hostile work environment
Coworkers sometimes become resentful about changes to their workspaces or company practices. They may bully or gang up on workers who request accommodations. Employers have a responsibility to prevent hostile work environments and address them if they develop.
Those subjected to disability discrimination may have grounds for a lawsuit. Reviewing a company’s conduct with an employment law professional can help workers understand and assert their rights.