In 1990, the Americans with Disabilities Act was created, also referred to as the ADA. The ADA would cause people to learn more about the challenges that disabled people experience in the workplace. More specifically, employers would become more familiar with what duties and obligations they had when it came to respecting disabled workers. However, even though new laws were set in place, those with disabilities still experienced workplace discrimination and many continue to face the same challenges today.
If you have a disability and are interested in making sure that your rights are upheld, it's important that you know what qualifies as disability discrimination. This is especially the case if you feel that you need to hire a disability discrimination lawyer and take legal action. Let's discuss what counts as disability discrimination in the workplace. But first, let's define what is considered to be a disability.
What is Considered to be a Disability?When considering the context of the term "disability," it's best to rely on the legal term as opposed to the medical one. The term "disability" is defined by the ADA as a mental or physical impairment that significantly limits one or more major life activities. This includes conditions such as cancer, deafness, diabetes, cerebral palsy, and irritable bowel syndrome. The ADA requires that all employers make reasonable accommodations for disabled employees.
1. Hiring Discrimination
If your disability was a factor in your not being hired, then this counts as disability discrimination and is a sign that you should reach out to a disability discrimination lawyer. There are times in which an employer must choose between two qualified candidates. The employer may select the other applicant simply because they don't have a disability. The employer may even contact you and express their reasoning.
Also, if the employer didn't make reasonable accommodations for the interview or the applications weren't made available to you, then this counts as disability discrimination. For instance, you may have a visual impairment but are not able to read the company's website because it's not compatible with a screen reader.
If your employer, co-workers, or customers make offensive or derogatory statements about your disability, this counts as disability discrimination in the workplace. This is especially the case if the harassment has led to a hostile work environment. There are times in which these instances may lead you to be fired or demoted.
3. Lack of Reasonable Accommodation
If your employer has failed to offer reasonable accommodations so that you can perform your everyday tasks, then this is considered to be disability discrimination and you should consider consulting with workplace discrimination lawyers. Just as is the case with the hiring process, the employer is expected to provide reasonable accommodations so that you can do your job. Reasonable accommodations are those that don't cause a delay or aren't particularly costly such as providing an additional restroom break or a special chair. These accommodations may also extend to things such as wheelchair ramps or adjustments made to the elevators.
4. Penalties for Speaking Out
If your employer penalizes you for speaking out against discrimination, then it counts as disability discrimination and you should speak with a Los Angeles employment lawyer. For example, you may file a complaint with Human Resources about not receiving reasonable accommodations and be subsequently harassed by your supervisors. This type of victimization may be done in the form of written warnings, verbal harassment, or termination. You may even be threatened with termination in attempts to get you to retract your claim.
5. Discriminatory Culture
If the culture of your workplace is one that is discriminatory towards individuals who have disabilities, then this counts as disability discrimination and you should consider hiring a Los Angeles employment lawyer. Defining the culture of your workplace can sometimes be difficult, as this category is considered to be relatively broad. However, you should take into account how both the management and staff operate.
Do they make it impossible for you to effectively do your job? Is it difficult to make any significant progress? If so, you may notice that they require that only those without disabilities fill certain positions. This may be done despite there being no real reason for the restriction. In this case, if you're in need of a disability discrimination attorney Los Angeles is an excellent place to find representation.
Unfortunately, while the ADA has worked to define workplace discrimination for disabled individuals, there are still employers who don't comply with regulations. If you think that you're experiencing discrimination, it's a good idea to consult with workplace discrimination lawyers to learn more about what counts as disability discrimination. Luckily, if you're in need of a disability discrimination attorney Los Angeles has a lot of options that you can choose from.