Updated: 5/20/2024
Disability discrimination in the workplace is a common issue that can affect employees’ lives, leading to unfair treatment, missed opportunities, and a hostile work environment. Despite laws designed to protect workers with disabilities, discriminatory practices still occur.
Recognizing the signs of disability discrimination helps protect your rights and ensure a fair and respectful workplace. If you’re a victim of disability discrimination in California, a workplace discrimination attorney can help you file a complaint and seek compensation.
1. Not Getting the Job Due to Your Condition
When an individual is not hired due to their disability or health condition, despite being qualified for the job, it is a clear sign of discrimination. Under California law, an employer cannot refuse to hire someone with a disability unless they cannot perform the job without reasonable accommodations or injury to themselves or others.
This type of discrimination often results from biases or misconceptions about the abilities of people with disabilities or a reluctance to make necessary accommodations.
You may be a victim of this type of disability discrimination if:
- You are not hired because the employer assumes your disability will lead to higher absenteeism.
- An employer decides against hiring you due to unfounded concerns about the cost of accommodations.
- You are rejected after disclosing a mental health condition based on stereotypes about your ability to handle stress.
- An employer avoids hiring you, believing you will not fit into the team or company culture.
- You are turned down for a position after an employer makes assumptions about your ability to perform job duties safely and effectively due to your condition.
2. Being Harassed by Co-Workers
Workplace harassment based on disability is another form of discrimination under the California Fair Employment and Housing Act (FEHA). Harassment can come from bosses, supervisors, co-workers, or any member of the company and includes offensive comments, verbal abuse, physical assault, and name-calling.
You may be a victim of harassment if you:
- Frequently receive offensive comments about your disability from colleagues or supervisors.
- Are subjected to verbal abuse or derogatory jokes related to your condition.
- Experience physical assault or threatening behavior because of your disability.
- Encounter repeated name-calling or mocking because of your disability at work.
- Notice that harassment is impacting your work performance or causing you distress.
- Are intentionally excluded from team meetings and company events because of attitudes toward your disability.
- Find that coworkers tampered with or disrespected your assistive devices or accommodations.
- Receive threats or are subjected to intimidation tactics related to your disability.
3. Not Getting the Accommodations You Need
Employers are legally required to provide reasonable accommodations for employees with disabilities unless it would cause undue hardship to the business. This is done through the interactive process, which involves the employee and employer agreeing on accommodations, such as providing special equipment or more complex adjustments to the work environment.
If you experience the following, you may be a victim of disability discrimination:
- Have engaged in the interactive process but the agreed-upon accommodations have not been implemented.
- Find that your employer is unwilling to explore different accommodation options, allowing you to perform your duties effectively.
- Requests for necessary equipment or software are repeatedly denied or indefinitely delayed.
- Experience a lack of follow-through on modifications to your work environment that were promised or agreed upon.
- Encounter resistance or excuses from your employer suggesting that accommodations are too burdensome or expensive despite the feasibility of these changes.
4. Receiving Different Treatment Due to Your Disability
In California, it is illegal for employers to treat employees differently based on characteristics such as disability, sex, gender, and other protected categories like age. This discrimination undermines fairness and equality in the workplace.
Signs of different treatment can include:
- Notice that you are excluded from meetings, projects, or professional opportunities available to other employees.
- Find that your work is scrutinized more than your colleagues’ work without a clear, objective reason.
- Experience a lack of support or resources available to other employees in similar roles.
- Observe that you are frequently left out of social events or informal gatherings at work, impacting your ability to network and collaborate.
- Encounter different expectations for your performance or productivity, which are not applied to others without disabilities.
5. Getting Penalized for Reporting Discrimination
Retaliation against employees who report discrimination is illegal. If you report mistreatment or discrimination to Human Resources or any relevant authority, you should not face any penalties or negative consequences.
If you experience any of the following after reporting disability discrimination, you may need a retaliation lawyer to protect your rights:
- You receive a demotion or a reduction in your salary.
- You are subjected to further harassment or more severe discrimination.
- You face sudden negative performance reviews that do not reflect your actual work.
- You notice an increase in disciplinary actions that seem unjustified or are not applied to other employees in similar situations.
- You experience exclusion from meetings, training, or professional development opportunities shortly after making your report.
What to Do If you Suffer Disability Discrimination at Work
If you suffer from disability discrimination at work, you can take steps you can take to address it and protect your rights. Here’s what to do:
- Document everything. Keep detailed records of all incidents of discrimination, including what happened, screenshots or digital copies of texts or emails, dates, times, locations, and witnesses.
- Speak to HR. Report the discrimination to your Human Resources department. Provide them with your documented evidence and follow up to ensure they take action.
- File a complaint with the CRD. If the issue is not resolved internally, file a complaint with California’s Civil Rights Department, which handles discrimination cases.
- Consult with an attorney. Speak with an attorney specializing in disability rights to discuss your options for legal recourse and ensure your rights are fully protected.
Protect Your Rights in the Workplace
Recognizing the signs of disability discrimination in the workplace is crucial for protecting your rights and ensuring a fair and equitable work environment. A disability discrimination attorney can help you understand your legal options, including a formal complaint or civil lawsuit, to hold your employer accountable and receive compensation.
