The Different Types of Disability Discrimination at Work and What to Do About Them
June 13, 2023
Anyone who goes to work does it in order to earn money and support themselves and their families. Regardless of age, gender, race, religion, disability, and other aspects, all employees deserve fair and equal treatment in the workplace. Discriminating against someone because they are disabled is unlawful.
Unfortunately, disability discrimination at work still happens sometimes, and it makes it hard for those affected to continue working. By understanding the different types of disability discrimination at work, an employee will know when and how they can take action against the discrimination.
Let’s take a look at all the different types of disability discrimination in the workplace and what you can do about them.
Disability Discrimination – What Is It?
Disability discrimination is referring to the act of treating someone badly and unfairly due to their disability. At work, this person may be put at a disadvantage simply because they are disabled. As an example, the individual may be purposely put in difficult situations that would make it impossible to work due to their condition. Someone may even not get employed because they are disabled, which again falls under discrimination.
In order to figure out what can be categorized as disability discrimination, one has to know what can be considered a disability. For this, you also need to know the definition of disability under the law.
A disability is basically a mental or physical condition that can affect the way one carries out their daily activities in the long term. Things like multiple sclerosis, cancer, or HIV are classified as disabilities.
What Laws Protect Employees Experiencing Disability Discrimination?
Disability discrimination goes against the law, and there are several laws in place that were made to give employees protection against discriminatory actions. Some laws that protect disabled workers include:
- The Rehabilitation Act of 1973
- The American with Disabilities Act of 1990
- The Family Medical Leave Act
- The Fair Employment and Housing Act
Any employer who violates these laws can expect legal action to be taken against him or her. Although these laws will not offer special treatment to disabled employees, they will make the workplace an equal and better place for them.
Types of Disability Discrimination
Disability discrimination comes in many forms. They include:
- Harassment
Many disabled employees were treated in offensive and humiliating ways. Their superiors were making jokes about the disability or calling the person names due to his or her disability.
- Not Making Reasonable Adjustments
The workplace must be adjusted in such a way that it makes work possible and easy for the disabled employee. When no such changes are made, it can be considered discrimination.
- Indirect Discrimination
This type of discrimination may involve creating a rule, policy, or practice that affects everyone, yet it has a much worse effect on disabled employees due to their condition.
- Direct Discrimination
The employee is simply treated worse than the rest of the staff because he or she is disabled.
- Victimization
This happens when an employee is treated badly either because they’re supporting someone who has made a discrimination complaint against an employer or has made the complaint themselves.
What Can You Do About Disability Discrimination at Work?
If you have been discriminated against at work due to your disability, then you can file a complaint against the organization. This can help make sure that the employer faces consequences for his or her actions.
Now, many workplace discrimination cases do not involve bad treatment that was inflicted on purpose. Nevertheless, this will not matter in a tribunal discrimination claim – discrimination should always be prevented at work through special procedures and policies. Aside from making the right adjustments and treating disabled employees equally, the employer has a responsibility to train employees on how to avoid negative treatment and how to identify it.
You could also hire a disability attorney in your area to help you navigate the process if you end up making a complaint. In South Carolina, just like in many other states, harassing an employer or applicant for their disability or because they had a disability in the past is illegal. Therefore, you can hire disability lawyers in Greenville SC to help you get justice.
Final Thoughts
Discrimination should not happen anywhere. Employees with disabilities should be treated fairly, and if they experience discrimination, they should know how to recognize it and what to do about it. The workplace should also have ways to make complaints about such things. Don’t be afraid to take action if you’re the victim of disability discrimination.