Ways that disabled workers can face discrimination at work

| Jun 8, 2021 | Disability Discrimination |

When someone has a disability, it can bring challenges in many different aspects of their life. One of the most painful parts of having a disability can be the discrimination that it sometimes brings. When that discrimination occurs in the workplace and comes from an employer, it can take many different forms.

The reasonable accommodation requirement

California has state laws regarding how employers must treat employees that have disabilities. There are also federal laws that govern the same thing. These laws forbid an employer from discriminating against an employee for having a disability, and it requires the employer to make reasonable accommodations in order to allow the employee to be able to do their job in a safe and comfortable environment despite their disability.

For example, an employer must provide technology that will assist the disabled employee (such as screen reading software), move their work area and modify job duties or work schedules so that the disabled employee can carry out their work duties like any other employee. Failure to provide these reasonable accommodations constitutes employer discrimination.

Wrongful termination

The same laws that require an employer to make reasonable accommodations for disabled employees also forbid employers from firing an employee because of their disability. If your employer fires you because of your disability, you will have grounds to bring a wrongful termination lawsuit against them.

It is important to note that your disability does not mean that you cannot be fired for any reason. It just means that your disability cannot be the reason for your employer’s decision to fire you. This means that, if you bring a wrongful termination lawsuit against your employer, they will likely try to prove that they had a legal reason for firing you. It will be your attorney’s job to prove that the decision to fire you was based on your disability.

It can be extremely difficult to live with a disability, especially in the workplace. Fortunately, there are laws in place to protect you against discrimination for your disability, so that you can fulfil your work duties just like everyone else.