What Counts As Disability Discrimination?

LEARN YOUR RIGHTS. SPEAK TO AN EMPLOYMENT ATTORNEY FOR DISABILITY DISCRIMINATION

In 1990, the Americans with Disabilities Act was created (ADA) and brought awareness to the challenges disabled employees experienced in the workplace. More specifically, employers would become more familiar with what duties and obligations they had when it came to respecting disabled workers. Although new laws were 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 ensuring that your rights are upheld, you must know what qualifies as disability discrimination. That is especially the case if you feel you need to hire a Los Angeles employment attorney 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.

[H2] What is Considered to be a Disability?

When considering the context of the term “disability,” it’s best to rely on the legal term instead of the medical one. The ADA defines the term “disability” as a mental or physical impairment that significantly limits one or more major life activities. It 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
   Suppose your disability was a factor in your not being hired. In that case, 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, this counts as disability discrimination. For instance, you may have a visual impairment but cannot read the company’s website because it’s not compatible with a screen reader.

2. Harassment
   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 to you getting fired or demoted.
3. Lack of Reasonable Accommodation
   If your employer has failed to offer reasonable accommodations to perform your everyday tasks, this is considered a form of disability discrimination. In that case, you should avoid acting alone and pursue legal help. Just as is the case with the hiring process, the employer is expected to provide reasonable accommodations so you can do your job. Reasonable accommodations 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, it counts as disability discrimination, and you should speak with a Los Angeles workplace lawyer. For example, you may file a complaint with Human Resources about not receiving reasonable accommodations and be subsequently harassed by your supervisors. Employers may engage in this type of victimization through written warnings, verbal harassment, or termination. They may even threaten you with termination in an attempt to get you to retract your claim.
5. Discriminatory Culture
   If your workplace culture is discriminatory towards individuals who have disabilities, you should consider reporting it or hiring a LA discrimination attorney for the workplace. 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 do your job effectively? Is it difficult to make any significant progress? If so, you may notice that they require that only those without disabilities fill certain positions. The company may do this despite there being no real reason for the restriction. At Mann & Elias, our skilled Los Angeles disability discrimination attorney has won millions for clients experiencing retaliation and discriminatory work culture.

Conclusion

Unfortunately, while the ADA has defined workplace discrimination for disabled individuals, there are still employers who don’t comply with regulations. If you’re experiencing discrimination, it’s a good idea to consult with workplace discrimination lawyers immediately to learn more about your legal options.