Examples of Disability Discrimination in the Workplace
- Blog
- Examples of Disability Discrimination in the Workplace
Protect Yourself Against Disability Discrimination in the Workplace! Let Consumer Attorneys Be Your Guide!
Discover what disability discrimination is, explore common examples, and learn how to prove and address discrimination in the workplace. Protect your rights and seek assistance if you face unfair treatment due to a disability. Act now to help ensure you work in a fair and inclusive work environment.
Disability discrimination occurs when people with disabilities are treated unjustly and less favorably than those without disabilities. Disability discrimination is illegal. Continue reading to learn different examples of disability discrimination in the workplace, what you can do about it, and how to contact Consumer Attorneys for assistance.
What is Disability Discrimination?
Disability discrimination is when an employer treats a disabled employee unjustly and exhibits negative attitudes or actions toward the employee because they are disabled. This can result in the failure to provide reasonable accommodations for a qualified person with a disability, refusing employment, harassment, or creating a hostile work environment. It is illegal to discriminate against someone with a disability according to the provisions of the Americans with Disabilities Act (ADA). If you experience disability discrimination for any reason, be sure to contact a disability discrimination lawyer for guidance and legal support.
Are there laws against Disability Discrimination?
Yes, it is against the law to discriminate against a person with a disability under the Americans with Disabilities Act (ADA). The ADA protects employees from discrimination due to a current disability, previous disability, or potential disability. The law mandates that employers provide reasonable accommodations to enable an employee with a disability to meet job requirements without facing undue prejudice.
Top Five Examples of Disability Discrimination
Examples of disability discrimination in employment can include any of the following.
- Refusing reasonable accommodation: It is unlawful for an employer to fail to provide reasonable accommodations for physical or other barriers to access the workplace or to make adjustments to facilitate the performance of duties.
- Harassment or hostile work environment: Making remarks about a worker’s disability characteristics, using intimidating strategies or practices, or isolating workers with disabilities is considered discriminatory.
- Exclusion from employment: It is discriminatory to limit or deny an individual with a disability a chance to get a job or be promoted simply because of prejudice or assumptions about their disability.
- Disability-related questions in the screening process: Requiring information related to a disability on a job application when it is irrelevant to the job is unlawful.
- Interference or restraint from exercising rights: Deterring or restraining employees from exercising rights protected under the ADA or penalizing an employee for requesting reasonable accommodations necessary to perform essential duties, is retaliatory discrimination.
If you’ve experienced any of these examples of disability discrimination at work or some others not listed, Consumer Attorneys would like to speak with you. It’s very likely you may have a disability discrimination case against an employer for their unfair practices!
Is There a Way to Prove Disability Discrimination?
Yes, there is a way to prove discrimination based on disability. To prove disability discrimination in the workplace, your case will hinge on direct evidence as well as circumstantial evidence, including your real-life examples of disability discrimination in the workplace.
Direct Evidence
Direct evidence usually comes directly from an employer or decision maker and involves a statement or some other expression or admitted classification that expressly and explicitly exhibits a discriminatory motive. This type of evidence typically shows that benefits or burdens were given based on a disability or some other protected class (such as race, color, or national origin).
Circumstantial Evidence
Circumstantial evidence is different from direct evidence because circumstantial evidence is indirect evidence that allows for inferences to be made based on a presumption. Circumstantial evidence usually looks at timing, comments, comparative treatment of non-disabled employees, and other circumstances that would lead one to believe some type of burden has been placed on a disabled employee or some benefit has been taken away from them based on their disability status.
Preserving evidence of discriminatory actions or practices against an employee or job applicant based on disability, such as written messages, recorded conversations, statements from witnesses, and information from employee files, can help solidify a disability discrimination claim. Proving employment discrimination is complex and often requires legal assistance to gather proof and construct a lawsuit effectively. An experienced employment attorney at Consumer Attorneys can provide valuable guidance on how to collect and present evidence, ensuring that the legal process is maneuvered smoothly- increasing the chances of a successful claim.
Additionally, maintaining a detailed record of incidents, including dates, times, and descriptions of discriminatory behaviors, can be crucial for both direct and circumstantial evidence. This documentation can help establish patterns of discrimination, making it harder for employers to deny the claims. Collaborating with witnesses who can corroborate (confirm) the discriminatory behavior further strengthens your case. Overall, thorough preparation and legal experience are essential in pursuing a disability discrimination claim.
Disability Discrimination Data
The top three examples of disability discrimination at work we’ve helped clients prove include and are not limited to the following listed in the table.
| Examples of Disability Discrimination at Work | Description |
|---|---|
| Failure to provide reasonable accommodations | When employers do not make necessary adjustments or modifications that enable disabled employees to perform their job. |
| Harassment | Unwanted conduct that is related to someone’s disability, creating a hostile work environment. |
| Discriminatory hiring & firing | This happens when employers make hiring or firing decisions based on an individual’s disability rather than their qualifications or performance. |
Disability Discrimination Statistics
The ongoing rise in disability discrimination is seen in the table below, which shows a pattern of increase in the number of workers who report experiencing bias due to their disabilities.
| Statistics & Data | Year |
|---|---|
| The EEOC received 24,324 charges of disability discrimination. | 2020 |
| The EEOC received 73,485 charges of workplace discrimination (19% more than the previous year). | 2022 |
| The EEOC received 81,055 new charges of discrimination, a more than 10% increase over the number of charges filed the previous year. | 2023 |
| CNBC and ADA National Network data reveals that 91% of workers have faced discrimination with around 34% being against people with disabilities. | 2023 |
| A jury awarded over $36 Million to a plaintiff in an EEOC disability discrimination case against Werner Trucking. | 2023 |
Who to Contact about Disability Discrimination in the Workplace?
If any of the disability discrimination in the workplace examples mentioned in this article resonate with you, you should act ASAP! Even if you have a question regarding a personal example that is not mentioned, a consumer lawyer at Consumer Attorneys can help you.
An employment law attorney will analyze your proof of discrimination and help you determine whether or not you have grounds for legal action. Reviewing your company’s policy on harassment and discrimination and reporting to your organization’s Human Resources department may also be necessary.
If you’ve been discriminated against because of your disability, we will also help you report the case to the Equal Employment Opportunity Commission (EEOC).
Additionally, Consumer Attorneys will guide you through the process of filing a complaint and provide resources to help you understand your rights. We can help with negotiations between you and your employer in an effort to resolve the issue without actually going to court. If negotiation fails, we will help you pursue a lawsuit. In addition to working with our attorneys, you should seek support from advocacy groups for disabled individuals. Support groups provide additional emotional support and resources.
Frequently Asked Questions
Addressing discrimination in the workplace involves reporting unfair treatment, recording previous occurrences, and employing strategies to inform others. Another form of intervention is seeking support and lobbying for policy shifts regarding the issue. It is essential to emphasize that people facing discrimination should be aware of their rights and know they are not alone. By raising awareness and seeking help from advocacy groups, individuals being discriminated against can create a more inclusive work environment. Employers and colleagues should also be educated to help prevent discrimination. If you need additional help, you can deal with discrimination by getting help from Consumer Attorneys.
Complaints received by the Equal Employment Opportunity Commission (EEOC) highlight that employees with disabilities face discrimination in employment, physical access to buildings, lack of accommodations, wage disparities, and promotions. Many disabled employees work in hostile environments. Additionally, disability discrimination often intersects with other forms of discrimination, turning daily activities into barriers. Disabled individuals report being excluded from society and unable to integrate into various sectors due to rampant discrimination. In fact, over 90% of workers have reported being discriminated against, with 34% being against people with disabilities. This type of prejudice and exclusion impacts professional and personal lives, creating significant obstacles to achieving equity and inclusion.
Solving disability discrimination, specifically in the workplace, requires a multi-layered approach beyond solutions like education, advocacy, policies, and cultural changes. Employers must accommodate, interview, hire, and train people with disabilities with intention. Governments should pass legislation to enhance anti-discrimination laws. Individuals must also examine and change their prejudices. Fostering a culture of accessibility and inclusion is essential to prevent people with disabilities from being excluded from various systems. Change is a continuous process that happens as society collectively strives for equity and inclusion. If we work together, we can create a more just and equitable world for everyone.
Daniel Cohen is the Founder of Consumer Attorneys. Daniel manages the firm’s branding, marketing, client intake and business development efforts. Since 2017, he is a member of the National Association of Consumer Advocates and the National Consumer Law Center. Mr. Cohen is a nationally-recognized practitioner of consumer protection law. He has a we... Read more
Related Articles
