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Five Signs of Workplace Disability Discrimination

Published on Jan 21, 2021 at 3:09 pm in Employment Law.

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Workplace discrimination comes in a variety of forms. The discrimination can be based on race, color, sex, age, and many more factors that can’t be controlled by the person being discriminated against. On top of all of those factors, workplace discrimination can also be against someone’s disability. Disabled workers and peoples’ rights are protected by the Americans with Disabilities Act (ADA), which ensures that they are treated fairly in the workplace and have the proper accommodations.

If you’ve faced workplace discrimination against your disability, or any other factor that you can’t change about yourself, then you could use the help of an employment lawyer. At DiPiero Simmons McGinley & Bastress, PLLC, we’re dedicated to standing up for you against discrimination and harassment. With our help, you can hold the other party accountable for their actions.

Let’s take a look at five signs of workplace disability discrimination so that you can be aware of when your rights are being violated.

Not Getting the Job Because of Your Condition

Before you’re even hired, an employer might refuse to hire you solely because of your condition or disability. A way to spot this is if the position is between you and a similarly qualified individual. If the employer chooses the other candidate just because they are not disabled, then that would be discrimination against you.

If you aren’t chosen based on other qualifications, like work experience, then that would not be considered discrimination.

During the interview process, the employer must accommodate you to ensure you have an equal opportunity for application. For example, if the employer is requiring you to take an exam on the computer and you have a disability that prevents you from reading screens clearly, then they must accommodate you with a screen reader. If they do not provide this accommodation, it could prevent you from being hired.

Being Harassed by Employers or Coworkers

Verbal, physical, and sexual harassment can happen in the workplace, and unfortunately, can be perpetrated by anyone at any level of command. If your boss, supervisor, coworker, or even a non-employee, makes offensive or harassing remarks to you about your disability, then that could be considered discrimination.

It’s important to note that inconveniences are not considered discrimination. Verbal abuse, physical assault, and slurs are examples of harassment that would be considered discrimination against you as a disabled person when perpetrated in the workplace.

Not Getting the Accommodations You Need

Much like in the interview process, if your employer does not equip you with the proper accommodations in the workplace, then that could be considered discrimination. The employer must reasonably accommodate you for the job you were hired for, which means if the accommodation is too expensive or would cause a delay, then they might not have to provide that for you.

Accommodations can be small or large in the workplace, and depending on what equipment you need, it could be expensive for your employer or take a long time. Regardless, if it’s within reason, you should be provided with it. In those cases, a lawyer can help you determine if what you experienced was discrimination, and how you can proceed with action.

Being Treated Differently Because of Your Disability

Even if an employer’s actions were not intended to be discriminatory, it’s possible that they might still perpetuate discriminatory acts that single you out for your disability. All employees must be treated equally, so if you are treated differently because of your disability, then that could be considered workplace disability discrimination.

Additionally, if you face demotions or limitations in your position because of your disability, then that could be your employer treating you differently.

Being Penalized for Speaking Out

When a worker reports any mistreatment to Human Resources, they are not allowed to face penalties for speaking out against their employer or coworker who mistreated them. This is also the case when a worker with a disability feels they have been discriminated against in the workplace.

If you face retaliation for speaking up about your harassment or discrimination of any kind, then that could also be seen as discrimination. Some examples of unlawful retaliation are warnings, demerits, or termination from the position.

If what you experienced was listed above, or you faced another situation that you think could be workplace disability discrimination, then you could use the help of an employment lawyer. In West Virginia, DiPiero Simmons McGinley & Bastress, PLLC can help you take action against your employer for discrimination.

With our lawyers representing you, you can have peace of mind knowing that we will do everything we can to ensure that you get justice for what you’ve suffered. Contact us today so we can discuss your potential claim and get started working for you.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice. Viewing does not constitute an attorney-client relationship. Prior case results do not guarantee a similar outcome.
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