Disability discrimination in a work setting is when an employer treats a disabled employee poorly because of her or his disability. The Americans with Disabilities Act is a civil rights law that came into effect in 1990 to ensure that people with disabilities receive the same treatment as those without.
If you have a disability and feel that you are facing discrimination in the workplace, it is important to know that there are protections in place to help you.
Illegal behavior in the workplace
Your supervisors and coworkers should not make offensive or derogatory comments about your disability. If people are doing so and making you uncomfortable at work, they are creating a hostile work environment; you may be able to pursue legal action against them.
Lack of accommodations
Another sign that your workplace may be treating you unfairly due to your disability is if they do not provide reasonable accommodations. For example, if you require a special chair or desk at work due to your disability and your employer refuses the accommodation, you may have a case for disability discrimination.
There are instances where you may not have a case in such situations; for example, if the company would face undue hardship, such as a high expense, by tried to meet the accommodation that you requested, then they may be able to deny it.
The process to file a claim
To file a complaint against your employee for disability discrimination, you need to file a complaint with the ADA. It may take up to three months for you to receive a response.
Some of the decisions the ADA may come to include requesting copies of relevant documentation, conducting further investigation, sending your complaint to the U.S. attorney’s office or sending your complaint to the Department of Justice for litigation.
It is important to take the necessary steps to fight unfair treatment at work. You may benefit from seeking legal counsel to ensure that you receive justice.