Everyone deserves to live a life free from discrimination. However, if you are someone with a disability, you probably realize that isn’t always the case.
Being aware of how your employer is prohibited from discriminating against you allows you to be prepared to take action.
What protections do you have?
Title I of the Americans with Disabilities Act (ADA) says that employers cannot discriminate against people with disabilities regarding hiring, firing, advancement, compensation, and other job activities. Furthermore, they must make reasonable accommodations for a disabled person who can perform the job’s functions as long as it doesn’t create an “undue hardship” upon the employer in terms of cost or difficulty.
An employer cannot ask disability-related questions during a job interview or request a medical exam before making a job offer. After extending a job offer, the employer can ask disability-related questions or request a medical exam, but only if the same is required of all employees. The employer can only revoke an employment offer if the job can’t be done safely with reasonable accommodation in place.
Harassment at the workplace creates a hostile work environment. It may come in the form of jokes about the disability, negative or offensive remarks, or any other action that causes the employee discomfort or causes them to be fired or demoted.
In addition, the employer cannot discourage the disabled employee from requesting reasonable accommodations.
Not only is disability discrimination illegal, but it also impacts the employee’s mental health in terms of stress, depression, and anxiety. Additionally, it can lead to financial hardship. If you are being discriminated against at work due to a disability or know someone who is, it’s essential to report the issue immediately to the Human Resources department. You may need to consider your legal options if there is no resolution.