If you are facing workplace discrimination because of a disability, you should take action right away.
If you are facing workplace discrimination because of a disability, you should take action right away. The Americans with Disabilities Act (ADA) protects applicants and employees from disability discrimination in every aspect of employment, from hiring to benefits to termination. Many states and even local governments have similar laws, and some apply to smaller employers. (The ADA applies only to companies that have at least 15 employees).
This article explains the steps to take if you find you believe you are being discriminated against. If you feel in over your head, or you aren’t sure what to do at any point, consider consulting with an experienced employment lawyer.
Assert Your Rights
Your first step in dealing with disability discrimination is to point it out – and assert your rights. Even though the ADA has already celebrated its 20th birthday, a surprisingly large number of employers don’t understand the law or know what it requires. And, your employer might not fully understand how your disability does (or does not) affect you. The good news is that your employer may want to do the right thing, once it gets up to speed on the law.
For example, let’s say you were denied a promotion to a position that requires significant driving, because your employer believes that your use of a wheelchair will interfere with your ability to travel by car. You might meet with your manager and point out that you are perfectly capable of driving significant distances, as long as your vehicle is outfitted with special equipment. Because you have a disability, you are entitled to a reasonable accommodation. Your employer could either allow you to use your own outfitted vehicle, reimbursing you for its use, or could modify a company car or van to meet your needs. Either way, because you are capable of doing the job with a reasonable accommodation, your employer should reconsider you for the promotion. (For detailed information on your rights under the ADA, including reasonable accommodations, see our
Americans with Disabilities Act page.)
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Disability discrimination occurs when an employer or other entity covered by the Americans with Disabilities Act, as amended, or the Rehabilitation Act, as amended, treats a qualified individual with a disability who is an employee or applicant unfavorably because she has a disability.
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