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What Is Disability Discrimination in the Workplace?

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• May 15, 2022May 15, 2022
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What Is Disability Discrimination

When an employer shows signs of discrimination against people with disabilities, they should make sure they investigate the case. It’s a violation of the law to treat a disabled employee differently from other employees, including passing them over for promotions and career growth opportunities. Disabled employees are entitled to file a discrimination lawsuit against the company to recoup lost wages, benefits, bonuses, and legal fees. However, it’s important to take action early to prevent discrimination.

Often, an employer is required to provide reasonable accommodation, such as a sign language interpreter during a job interview. However, if this accommodation is not provided, then it may constitute an undue hardship for the employer. If the disability requires special equipment, the employer can choose a less expensive alternative, such as modifying the lounge for the disabled or moving it. The employer is also required to provide similar facilities in another location.

Many people don’t realize that disability discrimination in the workplace can come in many different forms. Some forms are subtle and difficult to detect. By understanding how to recognize and report these situations, employers can ensure a harassment-free workplace. The most common forms of disability discrimination include verbal harassment and physical harassment. If an employee uses verbal or physical harassment to harass staff, it should be dealt with right away. Besides being embarrassing, harassment in the workplace can create a hostile atmosphere.

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The ADA prohibits employers from discriminating against people with disabilities unless they are a “direct threat” to the health or safety of the workplace. A direct threat means that the disability could cause an employee to suffer substantial harm in the workplace. Employers have legitimate concerns about maintaining a safe workplace, and the nature of a disability can create an unacceptable risk for their employees. A disability in itself cannot lead to disability discrimination.

What Is Disability Discrimination in the Workplace?

The ADA protects employees with disabilities, and the FEHA extends protections to employees of Federal agencies, Federal contractors, and State and local governments. However, many state laws protect individuals with disabilities, so it’s important to check with your state’s department of labor for more information. The state department of labor website has a guide for reporting workplace harassment. There are also local and regional organizations dedicated to the protection of people with disabilities.

Discrimination in the workplace takes many forms. It can occur during the hiring process, the termination process, pay and benefits, assignments, training, and promotions. It’s crucial for disabled workers to be free from harassment. In addition to this, employers cannot make any kind of mental or physical threats towards their employees. Moreover, it’s illegal to harass employees. You’re obligated to make the workplace accessible to disabled employees.

Discrimination against people with disabilities has a history that goes back centuries. During the 1860s, some cities enacted “ugly laws” to rid public spaces of those who were considered unsightly or disgusting. These laws did little to change the situation and increased the alienation of people with disabilities. The 1970s brought forth disability rights activists with courage and determination. They continued to advocate for equal treatment for the disabled.