The Americans with Disabilities Act (ADA) and other key federal statutes prohibit disability discrimination. So long as a worker can perform job functions with accommodations, businesses should not consider medical disabilities when making employment decisions.
Unfortunately, disability discrimination is a common experience. Particularly when workers have visible disabilities, they may struggle to secure the best job opportunities available. Disability discrimination can also negatively impact an individual’s opportunities when they already have a job. Disability discrimination against workers can manifest in many different ways. However, one form of discrimination is quite common even at big businesses that should know better.
Companies refuse to accommodate workers
There are many different ways that companies can help workers assume a role or maintain their employment despite a disabling medical condition. For example, allowing workers to do certain job functions remotely could help those who struggle with mobility or groups of people. There is also assistive technology that can be beneficial for those with physical limitations.
Adjusting someone’s work responsibilities, providing them with special equipment and other minor changes on the part of an employer can make it possible for those with disabling medical conditions to obtain and keep gainful employment. Unfortunately, while accommodations might be reasonable, employers often look for any excuse to deny a worker’s request.
Provided that they have medical documentation showing that the accommodations are necessary, their employer should offer them reasonable support. If the business is large enough for disability statutes to apply, offering accommodations is a standard obligation.
The one exception is when accommodations could create undue hardship for the company. A business that has to completely overhaul operations or facilities to accommodate a worker could raise a claim that accommodating the worker is a source of hardship.
Employees concerned that the companies they work for intend to discriminate against them may need to document their conduct carefully. Email records and other documentation can help validate that they followed the proper protocol and that the company engaged in discriminatory practices. Records of medical recommendations and communication with an employer can go a long way toward establishing the veracity of a disability discrimination claim.
Holding an employer accountable for violating the law and mistreating a worker based on their medical condition can be a lengthy process. Workers who have the courage to take action can potentially obtain compensation and can push a company to change its practices for the better.