Disabled employees are entitled to certain protections and accomodations in their place of work. However, these protections aren’t always provided by employers and may encounter violations without realizing it. In California, disabled employees are protected by both state and federal laws that are designed to ensure that individuals with disabilities are provided equal opportunity and are treated fairly in their place of employment. Identifying disability discrimination can be challenging, especially if you are not well-versed in the relevant laws or how to exercise your rights.

Understanding Disability Discrimination

Disability discrimination occurs when an employer treats an employee or job applicant unfavorably because of a disability. This treatment can manifest in various ways, from subtle to overt actions, making it crucial for disabled employees to be aware of their rights and the different forms discrimination can take.

What Qualifies as a Disability?

Under the ADA and FEHA, a disability is defined as a physical or mental impairment that substantially limits one or more major life activities. According to the San Francisco disability discrimination lawyer at The Armstrong Firm, this includes conditions that affect an employee’s mobility, chronic illnesses, mental health disorders, and sensory disabilities like hearing or vision impairments. The law also protects individuals with a history of disability or those who are perceived as having a disability, even if they do not currently have one.

Types of Disability Discrimination

Disability discrimination can occur in various forms, including:

  • Direct Discrimination: This is when an employer treats an employee less favorably because of their disability. For example, if you are denied a promotion or job opportunity solely because of your disability, this is a clear case of direct discrimination.
  • Failure to Provide Reasonable Accommodations: Employers are required to provide reasonable accommodations to employees with disabilities, as long as it does not cause undue hardship to the business. Reasonable accommodations could include modifying workspaces, adjusting work schedules, or providing assistive devices. If an employer refuses to provide these accommodations without a valid reason, it may be considered discrimination.
  • Harassment: Disability harassment involves unwelcome conduct related to an employee’s disability that creates a hostile work environment. This can include offensive remarks, jokes, or actions that make the workplace intimidating or uncomfortable. Even if the harassment comes from a coworker or a client, the employer is responsible for addressing and stopping it.
  • Retaliation: If an employee complains about disability discrimination or requests accommodations, the employer cannot retaliate by firing, demoting, or treating them negatively. Retaliation for asserting your rights under the ADA or FEHA is itself a form of discrimination.

Signs That You Might Be Experiencing Disability Discrimination

Identifying disability discrimination can be difficult, especially if you’re unsure of what to look for. Here are some common signs that you might be experiencing discrimination in the workplace:

Unexplained Negative Treatment

If you notice a sudden change in how you’re treated after disclosing your disability or requesting accommodations, this could be a red flag. For example, if your employer starts giving you unfavorable assignments, excludes you from meetings, or becomes overly critical of your work, these could be signs of discrimination.

Denial of Reasonable Accommodations

One of the most common forms of disability discrimination is the refusal to provide reasonable accommodations. If your employer denies your request for accommodations without a valid reason or fails to engage in an interactive process to determine appropriate accommodations, this may be a violation of your rights.

Hostile Work Environment

If you are subjected to derogatory comments, jokes, or other forms of harassment because of your disability, and your employer does not take steps to stop it, this could be considered discrimination. A hostile work environment can significantly impact your ability to perform your job and feel comfortable at work.

Disparate Treatment Compared to Non-Disabled Employees

If you notice that you are being treated differently from your non-disabled colleagues in similar situations, this could be a sign of discrimination. For instance, if you’re consistently passed over for promotions, given less favorable tasks, or paid less than your colleagues, these could be indicators that your disability is influencing how you’re treated.

What to Do If You Suspect Discrimination

If you believe you are being discriminated against because of your disability, it’s essential to take action to protect your rights. Here are some steps you can take:

Document Everything

Keep a detailed record of any incidents that you believe are discriminatory. Include dates, times, what was said or done, and any witnesses who were present. This documentation can be crucial if you decide to file a complaint or take legal action.

Report the Discrimination

Most workplaces have procedures for reporting discrimination. Start by reporting the issue to your supervisor or human resources department. Be sure to follow up in writing to ensure there is a record of your complaint.

Seek Legal Advice

If the issue is not resolved through internal channels, you may need to seek legal advice. An employment lawyer who specializes in disability discrimination can help you understand your rights and determine the best course of action. In California, you can also file a complaint with the Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC).

Consider Filing a Lawsuit

If other methods fail, you may need to consider filing a lawsuit against your employer. This step should be taken with the guidance of an experienced employment lawyer who can help you navigate the legal process and advocate for your rights.

Ensure Your Rights Are Protected

Disability discrimination in the workplace is a significant issue that can have a profound impact on your career and well-being. By understanding the signs of discrimination and knowing your rights under California law, you can take steps to protect yourself and ensure you are treated fairly. If you believe you are being discriminated against, don’t hesitate to seek help. Whether through internal channels or legal action, there are resources available to support you in fighting discrimination and securing a fair and inclusive workplace.