DIsability discrimination is a sadly common phenomenon that affects an estimated 61% of all disabled workers. This sort of behavior is not only inappropriate for the workplace, it may also be a violation of the Americans With Disabilities Act (ADA). Here are seven ways you may be discriminated against for your disability:
- Inability to obtain raises or promotions
- One of the more subtle ways employers may discriminate against someone with a disability is to simply deny them raises or promotions. As a result, disabled employees may find themselves at a dead end, unable to advance in the company.
- Denial of requested time off without explanation
- Another way employers will sometimes discriminate against employees with disabilities is to refuse to give them time off without giving an explanation. This may indicate an employer is not willing to accommodate an employee with substantial medical issues.
- Penalties for taking time off for medical issues
- Instead of denying someone’s request for days off, they may instead penalize an employee for taking time off for medical issues. They may do this even if an employee has earned paid time off, disciplining an employee for needing to take care of their medical needs.
- Failure to provide reasonable accommodations
- Some employers will also refuse to give reasonable accommodations to employees for their disability. This may include everything from refusing to make the entrance to the building wheelchair accessible, failing to provide assistive devices or software, or failing to make schedule adjustments where necessary.
- Inconsistent disciplinary standards
- In some cases, an employer will discriminate against someone with a disability by enforcing their own standards inconsistently. One person, for example, may be punished for an offense with a simple warning, while a disabled employee may face formal reprimand or have their pay docked for the same offense.
- Use of offensive or derogatory language
- Sometimes, a discriminatory employer will be more overt with their discrimination, and use offensive or insulting language. This may include the use of slurs, inappropriate jokes, or other crude language when it comes to people with disabilities.
- Retaliating against reports of discrimination
- Finally, an employer that discriminates against a disabled employee may retaliate against any employee who reports that discrimination. This includes punishing employees who make reports to Human Resources, or those who file a complaint with a government agency (such as the EEOC).
Steven Mitchell Sack, the Employee’s Lawyer, is a New York employment lawyer with more than 42 years’ experience handling the many aspects of employment law. His new book, “Fired!: Protect Your Rights & FIGHT BACK If You’re Terminated, Laid Off, Downsized, Restructured, Forced to Resign or Quit,” is available in hardback, and contains valuable advice on dealing with employment and labor law issues. To purchase the book, feel free to contact Steven Sack at 917-371-8000 or visit the website at legalstratpub.com. To inquire about a legal matter, please feel free to contact attorney Steven Sack at 917-371-8000 or stevensackatty@hotmail.com.
