We Fight Against Injustice – Wherever It May Arise

WE FIGHT AGAINST INJUSTICE – WHEREVER IT MAY ARISE

How employers often engage in disability discrimination

On Behalf of | Jan 23, 2025 | Employment Law

Federal and state laws prohibit discrimination in the workplace. Employers should not make decisions about who they hire, what they pay or who they promote based on the protected characteristics of their workers. Protected characteristics include genetic information, age, sex, religion and race.

Medical conditions can also be protected characteristics. Individuals with disabling medical conditions should not have to worry about employers treating them differently because of their health. Workers with medical conditions should receive the same treatment as anyone else who is capable of performing the basic functions of a job.

Unfortunately, disability discrimination in the workplace is relatively common. It frequently manifests as one specific type of employer behavior. How do employers discriminate against workers with disabling medical conditions?

By refusing reasonable requests for support

Employees with disabling medical conditions are often capable of performing the same work as any other professional as long as they have the right accommodations. The law generally requires that employers provide reasonable accommodations for workers with valid medical needs for support.

Allowing a worker to do their job remotely could be a medical accommodation. Providing screen reading software for someone with visual impairment is another example of an accommodation workers may request. Employers may also need to make their facilities more accessible. Factors ranging from parking spaces to bathrooms can affect whether a worker can do their job safely and comfortably.

It is acceptable for employers to have a procedure in place that workers have to follow when requesting accommodations. It is also standard practice to require documentation from a licensed health care professional to validate the need for specific accommodations. However, employers should not outright refuse to provide accommodations if workers follow the right steps.

Employers typically can only justify the refusal to accommodate workers when they are such small companies that the laws enshrining the right to disability accommodations do not apply to them or when the request might create undue hardship for the business. In most other circumstances, the refusal to offer reasonable accommodations for workers with disabling medical conditions is a form of discrimination.

Workers who feel anxious about requesting accommodations or who have dealt with employers denying their requests may need support. Documenting communication attempts and company conduct can help workers prove that they have experienced disability discrimination. They may then be able to take legal action to hold their employer accountable for violating their rights.