Not every unpleasant or exclusionary workplace is a discriminatory one. Co-workers are generally free to choose whom they join for lunch, socialize with after work or consider a friend. Feeling left out can make a job miserable, but cliques and personality conflicts alone do not usually violate employment discrimination laws.
The situation may be different when an employee is excluded, mistreated or denied opportunities because of a physical or mental disability. The Americans with Disabilities Act protects qualified employees with disabilities from discrimination in hiring, pay, promotions, job assignments, training, termination and other terms or privileges of employment.
What disability discrimination may look like
Disability discrimination is not limited to firing someone because of a medical condition. It can take many forms. For example, an employer might:
- Leave an employee out of meetings or training because accommodating a wheelchair would be inconvenient
- Refuse to consider an employee for a promotion based on assumptions about their health
- Discipline an employee for disability-related limitations while overlooking similar conduct by others
- Permit repeated insults, jokes or offensive comments about an employee’s disability
- Deny access to workplace events, facilities or benefits that are available to other employees
The key question is not simply whether the employee was excluded. It is whether the exclusion or unfavorable treatment occurred because of the employee’s disability.
Documenting possible discrimination
Employees who believe they are experiencing disability discrimination should preserve relevant evidence. This may include emails, text messages, performance reviews, accommodation requests and written responses from management. It can also help to keep a dated account of discriminatory remarks, denied opportunities or other incidents and identify anyone who witnessed them. Legal guidance is also wise, since a skilled attorney can help you determine if you have an actionable claim.