Workers with disabilities have a right to a good workplace and a profession where they have access to equal opportunities as their non-disabled peers. Unfortunately, while discriminating against people with disabilities may be illegal in all 50 states under the federal Americans with Disabilities Act (ADA), some employers fail to help their disabled workers and instead discriminate against them. This kind of discrimination can take many forms and isn’t always vocal or violent. Below are some common examples of disability discrimination that usually occur in the workplace:
Workplace Discrimination or Harassment
Harassment is undesirable behavior. An employer cannot punish a candidate or employee based on a disability or a reasonable belief that the disability won’t go away in less than six months. In addition, harassment may come from a manager, a fellow employee, a client, or another division of the business. No one has permission to harass a disabled employee or making insulting or disrespectful comments regarding someone’s disability illegal. If a disabled person feels harassed, they should make a complaint because the severity and frequency of the harassment could lead to a hostile work environment.
Not Making Reasonable Accommodations
Reasonable accommodations are essential for people with disabilities to not only enable them to apply for a job position but also to perform their tasks effectively and enjoy employment benefits and similar resources as their co-workers. Therefore, employers must make reasonable adjustments for disabled employees as long as it does not create financial hardship or impede other workers in performing their duties.
Some reasonable accommodations include sign language interpretating, wheelchair-accessible facilities, Communication Access Real-time Translation (CART), and designated parking spaces.
Pre-employment Medical Exams
Before beginning a new job, you usually have a physical examination, which is a terrific first step in any new employment. However, in some circumstances, a firm might want to discriminate against an applicant with a disability by having them take a physical before they make their judgment. The law forbids this activity.
An official offer of employment should be present before a physical. Only then is when the employer can carry out a medical examination and evaluate whether the person is healthy enough to do the job in question.
Hiring Discrimination
When a disabled person applies for a job alongside two other equally competent candidates, but the employer rejects them because of their disability, the employer violates the ADA. This is because employers must make applications accessible to everyone, and they may need to make modifications during the interview.
During job applications, often, the employer requires the candidate to complete an application form for shortlisting for an interview. Some employers include questions that require the candidate to disclose whether they are disabled or not and if they require any special accommodations to perform their responsibilities. Unfortunately, other employers use this information to reject applications of disabled candidates.
Laws forbid employers from asking employees about their health or if they identify as disabled. However, a potential employer might inquire about the candidate’s aptitude for finishing the job. An employer has the right to determine if a worker can complete the daily tasks in question.
A Discriminatory Work Culture
Discrimination occurs if the entire office, environment, and management style make it harder for a disabled person to perform their job well or advance. Discrimination against people with disabilities at work can take numerous forms. For example, it might occur during demotion, dismissal, promotion, assignment, pay, or training.
Applied Development Offers ADA Compliance Services
Applied Development believes everyone has the right to successful employment, education, and communication. Our services include sign language interpretating, CART, Section 508 compliance, and strategic communications. Call us at (410) 571-4016 or contact us online for more information about ADA compliance and accommodations.