The workplace disability discrimination cases take place in the organizations around the world despite the laws. The state and federal laws protect the rights of employees against the workplace disability discrimination in California and other states of the US.
What is Workplace Disability Discrimination?
It is unlawful to treat an individual with a disability differently from other employees at the workplace. Disability discrimination at the workplace means that an employer or manager cannot terminate a person wrongfully, halt a promotion or harass in any form due to disability.
What comes under Workplace Disability discrimination?
There are many situations and condition that fall under workplace disability discrimination. Here are some conditions that explain the discrimination in the workplace on the basis of an employee’s disability.
Not providing Accommodation
The employers in California and other states in the US are entitled to provide the necessary accommodation to the disabled employees to help them perform their duties. Accommodation refers to the adjustments that need to be made for a disabled employee to perform his/her duties.
For example, a disabled employee may need a wheelchair, a lift or help of another person to move from one place to another. The employer is responsible for providing the necessary accommodation to the disabled employee.
If an employer terminated an employee due to his/her disability, it is the case of workplace disability discrimination. For example, if an employer hires an employee with a disability and terminates him/her because of their disability, it is considered a case of discrimination at the workplace.
Reallocation of a duty
An employer or manager reallocates the duty of an employee to any other person due to his/her disability. It is unlawful to reallocate a duty of an employee to another person on the basis of disability.
Not offering breaks on work
An employee with a disability may need breaks at work. An employer not providing the required breaks to the disabled employee is entitled to be fined by the law. All the employers in California need to offer the necessary breaks to the disabled employee by the workplace disability discrimination law.
Not hiring or promoting an employee due to disability
The employment law in California also prohibits an employer to make the hiring decisions on the basis of the disability of a candidate. In fact, the laws prohibit making any decisions such as promotion; pay raises terminations and reassignments on the basis of an employee’s disability.
Harassment at workplace
It is illegal to harass an employee due to his/her disability in the workplace. Harassment includes anything that is offensive such as telling offensive jokes, passing offensive comments, gestures or physical or verbal threat. Such activities taking place continuously in the workplace are considered as harassment.
Medical exam before offering a job
An employer can ask a candidate to undergo a medical examination, but after he or she has been offered the job. It is unlawful for an employer to ask a candidate to take the medical exam before offering the job as the employer can use the results of the medical examination to make the hiring decision.
The above points explain some situations for workplace disability discrimination. However, the discrimination can occur at the workplace in many other forms. The employment laws in Orange County protect the rights of employees against disability discrimination at any company or organization.
If in any case an employee feels harassed or discriminated due to his/her disability, they can contact an experienced employment attorney for help. It is better to discuss the matter internally in the organization with the HR manager or higher management before contacting an employment attorney. Your employer or company may resolve the matter and offer you the necessary compensation for the harassment or discrimination.