Disability discrimination is one of the most commonly misunderstood areas of employment and disability law. While discrimination in the workplace based on disability is unlawful, it happens far more frequently than one may expect.
The Equal Employment Opportunity Commission (EEOC) continues to receive thousands of complaints every year citing workplace discrimination based on disability. Knowing your rights and understanding both the federal and state laws on disability discrimination is important.
Here are 3 things you should know:
The Americans With Disability Act
This law prohibits any form of discrimination against Americans with disabilities in employment, transportation, schools and public places. The law is clear that people with disabilities must be given equal opportunities as those without. An adequate environment should also be provided to accommodate employees with disabilities.
The Act also prohibits employers from discriminating against employees for associating or having a relationship with a disabled person or one who had a prior disability.
A website discussing Oakland disability law with Springer Ayeni, recommends having consultations with legal experts who handle disability discrimination cases to better understand your rights.
Signs Of Disability Discrimination In The Workplace
Even with state and federal laws in place to protect you from unfair treatment by your employer, disability discrimination can still happen. According to a new study on employer hiring behavior, employers do discriminate against job applicants with disabilities.
While most employees will be aware of discrimination at the workplace in different forms, it’s important to understand the common signs of disability discrimination:
- Denial of employment opportunities
- Verbal abuse by your employer
- Public shaming by your employer
- Cyber-bullying by your employer
- Threats and harassment at work
- Denial of job promotions
- Denial of ongoing training opportunities
- Employer’s failure to provide reasonable accommodations
- Unfair job termination
If something similar happens to you at work because of your disability, you may want to seek immediate assistance from an experienced employment lawyer.
How To File A Disability Discrimination Complaint
Many people filing legal cases make simple mistakes that ruin their cases in one way or another. Disability discrimination at work may stem from unexpected things like drug use, alcoholism and even your personal limitations. If for instance, a history of alcoholism denies you a job opportunity, you have the right to file a complaint.
According to a Texas liquor law attorney who specializes in employment law compliance, you can only know your rights by working with lawyers who understand employment laws and your specific disability discrimination complaint.
Due to the strict time limits for filing such cases, a lawyer ensures the filing process is done quickly and correctly from the start.
On your part, you should already have documentation of the workplace disability discrimination in the form of emails, witnesses, employees involved and memos. You also have to follow your employer’s internal policies for filing such cases to avoid potential legalities.
After following due processes, your lawyer files a complaint with the proper federal or state agencies: the Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH).
The Bottom Line
Because of the complexity of disability discrimination law in California, it’s important to consult a lawyer in your area to go over the specific issues, especially those unique to your case, before making any decisions regarding the possibility of filing a complaint against your employer.