Disability discrimination can take various forms, from overt actions to subtle behaviors. Common examples of more overt actions include a denial of reasonable accommodations, unfair treatment in promotions or assignments, and harassment or derogatory remarks related to disability. Subtle signs are also a problem and might include exclusion from meetings or social events or being overlooked for projects without clear justification.
These behaviors are more than just a problem within the workplace — they are often illegal. Recognizing these signs is the first step in addressing the issue. The next, is taking action when you notice discrimination.
What should I do if I suspect discrimination?
Workplace discrimination based on disability is illegal and victims have legal tools to fight back. Those who wish to hold their employer or other offender accountable are wise to keep detailed records of discriminatory actions. Note dates, times, locations, and individuals involved. Documentation strengthens your case and provides evidence if needed.
It is also helpful to approach your Human Resources department with your concerns. Present your documented incidents and request an investigation. HR may choose to mediate and potentially resolve issues internally. If internal resolution fails, consult a lawyer with experience in employment law. They can advise on legal options and represent you if necessary.
When should I pursue legal action?
Legal action may be necessary if discrimination persists despite internal efforts. Consider legal action when:
- HR fails to address or dismisses your concerns
- Discrimination results in significant career impact or emotional distress
Consulting a legal professional helps to determine the strength of your case and the best course of action.
Workers with disabilities have rights including the right to be free from discrimination within the workplace. By documenting incidents, seeking support, and considering legal action when necessary, workers can protect their rights and foster a more inclusive workplace.