For many of us, the workplace is like our second home. We believe they are bastions of equality and understanding, where employees have the same opportunities to succeed regardless of their physical or mental abilities. Unfortunately, the reality is that examples of disability discrimination in the workplace are far too common, affecting countless individuals and hindering their growth and emotional well-being.
The first step to combatting disability discrimination is understanding what it looks like and recognizing its many forms. Keep reading for examples of disability discrimination in the workplace and the various ways it can manifest, from overt to subtle behaviors.
What Are Examples of Disability Discrimination in the Workplace?
Understanding the forms of disability discrimination is crucial for employers and employees. It enables employees to stand up for their rights under Title VII of the Civil Rights Act and the Americans with Disabilities Act (ADA) and provides a guideline for employers. Here are several real-life examples of disability discrimination in the workplace.
Subtle Forms of Discrimination
Sometimes, disability discrimination in the workplace manifests in subtle ways that can be just as harmful as more blatant acts. Common examples of subtle disability discrimination include the following situations:
- Lack of reasonable accommodations—refusing to make modifications to the work environment, such as physical adjustments like installing ramps for wheelchair access or failing to provide assistive technology that would enable disabled employees to perform their job duties effectively;
- Stereotyping—assuming someone with a visual impairment cannot handle a specific task, even when accommodations could be made to enable them to perform effectively, or assuming that individuals with learning disabilities are incapable of handling complex tasks;
- Segregation—isolating disabled employees from their non-disabled counterparts or assigning them to less desirable tasks based on assumptions about their abilities;
- Microaggressions—making patronizing remarks or expressing surprise when a disabled colleague performs tasks independently, subtly undermining their abilities;
- Exclusions—excluding an employee from work meetings and team-building activities because one assumes their disability makes participation difficult or impossible; and
- Unequal access to opportunities—failing to consider employees with disabilities for promotions or leadership roles despite their qualifications and contributions to the company.
A skilled employment disability discrimination attorney can help you identify subtle forms of discrimination and advise you on the best course of action.
Overt Forms of Discrimination
While subtle discrimination can be insidious and hard to pinpoint, overt discrimination is unmistakably clear and equally damaging. Here are some blatant examples.
- Discriminatory hiring practices. Judging candidates or refusing to hire them based solely on their disability rather than their skills and qualifications. For example, an employer may deem a job applicant with a mobility impairment unfit for a position that requires frequent travel, even though they could perform the job duties with reasonable accommodations.
- Unjust termination. Terminating an employee’s position based on disability rather than their job performance or business necessity is one of the most overt forms of discrimination.
- Harassment. Subjecting disabled employees to derogatory comments and offensive jokes, to more aggressive actions meant to intimidate or belittle them. For example, a supervisor consistently makes disparaging remarks about an employee’s wheelchair use or ridicules their speech impediment.
- Retaliation for requesting accommodations. Punishments include demotion, denial of promotions or raises, or even termination. For instance, if an employee with chronic back pain requests a modified work schedule to accommodate medical appointments and physical therapy sessions and their employer responds by demoting them or reducing their hours in retaliation for making the request, it constitutes unlawful discrimination.
If you’re experiencing any of the conduct above, or even believe you have experienced discriminatory conduct, please call us or contact us by email so we can explain your rights and explain your legal options.
The Law Office of John Dalton Will Fight for Your Employment Disability Rights
Whether subtle or overt, workplace disability discrimination is an issue that requires immediate attention and action. If you suspect you’re experiencing workplace disability discrimination, seeking expert legal advice is crucial. The Law Office of John Dalton is dedicated to advocating for the rights of individuals with disabilities and ensuring that everyone can work in an environment that respects and values their contributions, regardless of their abilities. With a formidable track record, including recovering tens of millions of dollars for clients and some of the largest employment law verdicts and settlements in the U.S., attorney John Dalton has been recognized on national news programs for his advocacy. Bringing decades of experience and a proactive approach to each case, he goes beyond conventional legal services by offering a compassionate, professional partnership throughout the legal process, from filing complaints to courtroom representation.
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Contact us for a complimentary case evaluation. At the Law Office of John Dalton, you’re not just getting an attorney—you’re gaining an advocate, an advisor, and an unwavering ally prepared to seek justice for you.