Employment discrimination based on disabilities occurs when an employer treats a qualified employee or job applicant unfavorably because of a disability.
Under U.S. law, however, employers cannot treat employees with disabilities differently from able-bodied employees.
Types of employment discrimination
Job applicants with disabilities should have the same opportunities as their colleagues. If they can perform the same job with reasonable accommodations, the employer cannot refuse to hire them based on their disability. Unfortunately, some employers do discriminate this way.
In fact, some employers may have different terms and conditions of employment for individuals with disabilities compared to their non-disabled counterparts. This could include lower pay, fewer opportunities for advancement or poor working conditions.
Rights of employees and applicants with disabilities
Individuals with disabilities have rights protected by laws such as the Americans with Disabilities Act and the Rehabilitation Act. Employers must provide reasonable accommodations to enable employees with disabilities to perform their job duties. Reasonable accommodations include all affordable and physically possible accommodations. For example, wheelchair ramps or grip bars are typically reasonable.
Keep detailed records of any discriminatory actions or treatment you experience in the workplace. This documentation can be valuable if you decide to file a complaint or take legal action. Also, talk to your colleagues. Colleagues can serve as witnesses in your case.
Employees can also contact advocacy organizations or disability rights groups for support and guidance.
If you feel your employer discriminated against you due to your disability, you may have legal recourse. You can file a complaint with the Equal Employment Opportunity Commission. They will investigate your claim and take appropriate action.
