Disability discrimination in the workplace is more than challenging – it can impact your confidence and undermine your work performance. Reasonable disability accommodations could improve things, but what if your employer refuses to provide them?
Resist the temptation to give up if your boss says no. Instead, learn more about your rights under the Americans with Disabilities Act (ADA) and the Washington Law Against Discrimination (WLAD).
Do you have a claim?
A good first step is determining whether you have a valid claim for failure to accommodate. You must meet these requirements to proceed:
- Have a recognized disability under the ADA and/or WLAD
- Inform your employer about your disability and need for accommodation
- Demonstrate you can perform your duties with reasonable accommodations
- Provide evidence your employer refused to make necessary adjustments
Examples of evidence include documented requests for an accommodation and medical records verifying your disability.
Is it worth taking action?
Only you can answer this question, but understanding what you could obtain by taking action can offer clarity. Federal and state provisions offer several remedies for failure to accommodate a disability:
- Compensation: Reinstatement, back pay and damages covering lost wages and missed benefits
- Legal fees: Coverage of any legal fees associated with your case
- Injunctive relief: Court orders requiring the employer to make necessary accommodations
- Emotional distress: Possible compensation for psychological suffering due to discrimination (through refusing accommodations) under WLAD
Even more rewarding, your actions can contribute to a more inclusive and supportive work environment for yourself and your co-workers. Someone familiar with Washington and federal anti-discrimination laws can guide you through the legal process of a discrimination claim.