How to Handle Disability Discrimination in the Workplace

Discrimination based on disability is unfortunately still common in workplaces across the United States. According to a 2021 study, nearly half of working-age adults with disabilities have faced some form of discrimination at work. However, there are laws in place to protect employees with disabilities and actions you can take if you face discriminatory behavior. This article provides an overview of disability discrimination and advice on how to handle it professionally if it happens to you.

What Constitutes Disability Discrimination

The Americans with Disabilities Act (ADA) protects employees in the US from being discriminated against due to a physical or mental disability. This can include being denied reasonable accommodations, not being hired, being fired, harassment, or other differential treatment compared to employees without disabilities when qualifications are equal.

Some examples of potential disability discrimination situations are:

– Not providing a sign language interpreter for a deaf employee who requests one
– Rejecting a job applicant based solely on their disability rather than qualifications
– Making offensive remarks about an employee’s disability
– Refusing to make reasonable modifications to workplace policies or practices that disadvantage employees with disabilities
– Segregating an employee with a disability from other workers without cause

Steps To Take If You Experience Disability Discrimination

If you feel you have experienced discrimination at work related to a disability, don’t suffer in silence. Taking action can help put a stop to the discriminatory behavior. Consider taking the following steps:

Document Everything

Keep records of any incidents of perceived discrimination. Write down details like dates, times, locations, what happened, and the names of anyone who witnessed the incident. Documentation will be key if you later make a formal complaint.

Familiarize Yourself With Company Policy

Check your employee handbook or speak to HR about the company’s policies regarding equal opportunity employment and protections for disabled staff. Most reputable companies have zero-tolerance policies for disability discrimination in the workplace.

Speak to Your Manager

Setting up a meeting with your direct supervisor is often the first appropriate step when dealing with discrimination at work. Calmly explain the situation and how it makes you feel. If your manager doesn’t take appropriate actions or you don’t feel comfortable talking to them directly, reach out to a higher member of leadership or HR.

Contact Human Resources

HR departments and representatives are there, in part, to handle sensitive workplace issues like discrimination. Present the facts to HR in a concise, logical manner and allow them to conduct an investigation according to company policy. This could involve talking to witnesses or the accused party.

Seek Legal Counsel

For cases of repeated, serious and blatant discrimination, consulting an employment lawyer may be warranted. They can provide expert advice on dealing with disability discrimination under ADA regulations and whether legal action is recommended based on your circumstances. Be aware you may have the grounds to file an ADA or EEOC complaint. Search online for “disability discrimination lawyer near me” to find local specialists.

Make Formal Complaints If Needed

If informal efforts don’t remedy disability discrimination you are facing, submit formal written complaints according to your workplace grievance policy or directly to bodies like the Equal Employment Opportunity Commission (EEOC). This should contain specific details on discriminatory incidents and any impacts the situation has had on your ability to undertake your job. Formal complaints require investigations and disciplinary measures can be taken against offenders where appropriate.

Dealing with disability discrimination at work can be stressful and challenging. However, knowing your rights and the appropriate escalation steps empowers you to take action. With persistence and utilizing formal complaint channels if necessary, the behavior can be corrected. This ensures equal employment opportunities for all.