In California, the workplace rights of disabled employees remain safeguarded by the Americans with Disabilities Act, a federal law, and the Fair Employment and Housing Act, a California state law. If you are an employee with mental or physical disabilities and have experienced discriminatory treatment in your workplace, you can use the available legal options to protect your rights. You can search online for “disability discrimination lawyer near me” to find a competent lawyer in your area to represent you.
Examples of disability discrimination in the workplace
According to the Americans with Disabilities Act and Fair Employment and Housing Act, the following types of behaviors from employers toward disabled employees can constitute discrimination:
• They treat you differently during the job application and interviewing process.
• They refuse to hire you because of your disability, even though you are qualified for the job and can do it.
• They regularly harass and belittle you on account of your disability.
• They allow other employees to harass and bully you because of your disability.
• They treat you as though you are incapable of performing well in your job role.
• They use disability as a pretext to demote you from your position.
• They stop you from availing of training opportunities due to the disability.
• They terminate you from employment on account of the disability.
• They refuse to accommodate your disability in the workplace.
Legal responsibilities of employers
As the lawyer you find after searching online for “disability discrimination lawyer near me” will inform you, the federal and state laws prohibit employers from discriminating against disabled employees. By law, employers must make the following reasonable accommodations for them:
• Offer them a job that they can perform easily.
• Make it more convenient for them to work by restructuring their job duties.
• Allow them to work part-time or offer a flexible work schedule such as work-from-home or work in the office for a specific number of days per week.
• Allow them to take frequent work breaks.
• Allow them to take leaves of absence for reasons of health.
It is essential to understand, though, that this does not mean that the employer has to acquiesce to every demand made by the disabled employee. If you make any demands that are unreasonable and which could cause unnecessary problems in their regular business operations, the employer has the legal right to turn you down. They may even fire you from your position.
Resolving disability-related workplace conflicts
The following suggestions may help you to resolve any disability-related conflicts in your workplace:
• If someone has been harassing you because of your disability, calmly inform them that you find their behavior offensive and that you would like them to show you more respect in future interactions.
• Discuss the matter with your manager and ask them to intervene. They have the legal obligation to investigate the matter, issue a warning to the offender or take more drastic action.
• Search online for “disability discrimination lawyer near me” and consider taking legal action against your employer.
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