Workplace disability discrimination, like all forms of workplace discrimination, negatively impacts everybody involved. From the target of the discrimination to the employer, discrimination is harmful to productivity, satisfaction, and drags on the atmosphere of the workplace. In order to facility a productive and safe workplace, and in order to comply with legal standards, it is vital to make efforts to prevent unlawful discrimination in the workplace. In this article we review forms of disability discrimination and go over-steps that employers can take to promote a discrimination-free work environment.
The federal Americans with Disabilities Act (ADA) prohibits disability discrimination for employers with 15 or more employees. The California Fair Employment and Housing Act (FEHA) prohibits disability discrimination in California for employers with 5 or more employees. While federal and state employment laws make it illegal for employers to discriminate against employees or job applicants based on their disability, instances of disability discrimination in the workplace remain all too common. Disability discrimination and failure to accommodate are some of the most reported issues in the California workplace, and nation-wide. Each year thousands of Americans face unlawful disability discrimination, and millions are spent addressing disability discrimination claims.
Disability discrimination can take numerous forms:
Harassment Based on Disability: Verbal or physical harassment is often the most prevalent form of disability discrimination. When employees or managers make subtle comments about a staff member’s condition or engage in physical violence, it should be addressed promptly to prevent the development of a hostile work environment.
Discrimination in Hiring: During the job application process, a person’s disability should never influence the hiring decision. When applying for a job, you must be able to show that you are qualified for the job position, and that you would be able to perform all required job duties with (or without) a reasonable accommodation. Employers cannot require you to undergo any mandatory medical exam. Note that certain employers may mandate tests if the nature of their work necessitates employee fitness.
Inaccessible Workspaces: Federal and state laws mandate that employers accommodate employees with disabilities. Creating work environments that are inaccessible violates the law. For example, offices that are not wheelchair-friendly will hinder the ability of wheelchair users to access the workspace and perform their work. Workplaces must be accessible to individuals with physical disabilities.
Failure to Accommodate Disability: Employers are legally obligated to provide reasonable accommodations for employees with disabilities. A reasonable accommodation is considered a change to your work environment, work duties, or work schedule that will help you perform your job, that does not cause “undue hardship” to your employer. It is also illegal for your employer to fail to provide reasonable accommodations. Your employer is required to try to provide reasonable accommodations that will allow you to perform your essential job duties. If your employer is not able to provide reasonable accommodations, they must engage in an interactive process to try to find you a new job position that you will be able to do.
Both federal and California law hold the employer responsible for facilitating a workplace that is free from discrimination and or harassment. Under the law, employers are required to take steps to prevent discrimination and harassment from occurring, and to take the appropriate steps to address discrimination and harassment if it does occur at the jobsite.
It is vital that employers, managers, and human resources take necessary steps to proactively prevent discrimination. Below we describe some prevention strategies that employers can take to diminish the potential for disability discrimination at work.
Ensure Equal Opportunity Policies and Accommodations Requests Systems are in Place: Employers should explicitly spell out their anti-discrimination policies in a company handbook or other company materials, and emphasize a zero-tolerance policy for harassment or discrimination. Companies must be proactive about educating their staff at all levels about unlawful discrimination, and about the companies’ policies for addressing discrimination at work. Likewise, it is important to create a clear and effective system for accommodation requests so that employees who need to request accommodations know how to proceed. Creating policies and systems will facilitate an accessible workplace and allow employees to advocate for themselves proactively.
Ensure Clear Understanding of Disability Discrimination: It is important the employees, from senior management to entry level staff members have a solid grasp of what constitutes disability discrimination under federal and state law. They should understand their rights, responsibilities, and have a firm understanding of what to do if they experience or witness harassment or discrimination at work.
Monitor Equal Opportunity Policies during Recruitment and Employment: While strong Equal Employment Opportunity policies are a good start, it is important to monitor how your policies are (or are not) being implemented. Conducting equality monitoring during recruitment and employment helps identify any inequalities and areas needing further support or changes to ensure equal experiences.
Act Swiftly on Reports of Harassment or Discrimination: Even if a company takes proactive steps to limit discrimination, discrimination may still occur. It is key that the employer create a safe work environment where employees feel comfortable coming forward, knowing that their discrimination complaints will be taken seriously. Coming forward as an employee can be difficult; employers should take steps to ensure that employees know how to report discrimination, who to report it to, and feel comfortable reporting the discrimination without fear of retaliation. It is essential that employers respond promptly and thoroughly to any reports of discrimination, and that those reporting discrimination are heard and supported. If employers fail to respond appropriately and correct the discrimination, they open themselves up to further legal liability.
Employers are responsible for creating a work environment free of disability discrimination. Navruz Avloni is an experienced employment attorney dedicated to advocating for employees who experience disability discrimination. If you are experiencing discrimination or harassment in the workplace or are looking for a discrimination lawyer, reach out to Avloni Law for a free consultation.
