Examples Of Disability Discrimination

Posted on June 25, 2012 at 6:59am by

State and federal laws protect workers from discrimination based on race, color, national origin, religion, age, pregnancy status, sex, sexual orientation or disability. Unfortunately, workplace discrimination still occurs. Workers with a known or perceived disability who are denied a job for which they are qualified, who are not afforded reasonable accommodation by an employer, or who are otherwise discriminated against because of their disability, may be entitled to compensation under the Americans with Disabilities Act (ADA), the California Fair Employment and Housing Act (FEHA) or other anti-discrimination laws. An experienced Los Angeles employment attorney can help you understand your workplace rights.

What Is Disability Discrimination?

The U.S. Equal Employment Opportunity Commission describes disability discrimination as treating an employee or applicant unfavorably because of his or her disability or history of disability. Employers cannot discriminate when hiring, firing, promoting, laying off, determining pay and benefits, assigning job duties, or providing training to employees.

Reasonable Accommodation

Federal law requires employers to make reasonable accommodations for disabled employees and applicants, so long as the accommodations are not significantly difficult or expensive. A reasonable accommodation might include:

  • Modifying an employee’s job duties, such as changing his or her work hours, allowing him or her to work from home, or redistributing tasks amongst employees
  • Providing an employee with extra help, such as an interpreter or reader for those who are hearing impaired or blind
  • Making sure the workplace is wheelchair accessible
  • Providing employment applications in large print or computer formats
  • Lowering an employee’s shelves or raising his or her desk
  • Installing handicap parking near building entrances

If an employee can do a job with reasonable accommodation and requests such, the employer has a duty to provide it.

Examples Of Disability Discrimination

You may have a disability discrimination case if you are:

  • Bullied, intimidated, harassed or threatened at work because of an actual or perceived disability, even after you have brought the issue to your employer’s attention
  • Denied a reasonable accommodation that you requested
  • Denied a job even though your disability does not prevent you from performing the required duties with reasonable accommodation
  • Denied a promotion or employment benefits because of a disability
  • Treated noticeably different than other employees without disabilities
  • Disadvantaged by a company policy because of your disability

If you feel you are being mistreated at work because of an actual or perceived mental or physical disability, contact a Los Angeles employment lawyer today to determine whether you may have a discrimination case against your employer.



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