Disability discrimination can appear in a few different forms. Maybe you’re being treated differently in the workplace after an incident, maybe you didn’t receive the job due to your disability, or you’re being passed up for promotions and raises. No matter the form or fashion, disability discrimination is a large problem within our workforce, and it’s one that can face legal ramifications. If you suspect that you’re the subject of this type of discrimination, reach out to an attorney, and the ADA, today. But first, you might want to know what it looks like…
Disability Discrimination: Am I a Victim?
Defining Discrimination
Before we dive into the specifics of disability discrimination, we must first explore what discrimination is. Discrimination, by definition, is receiving different treatment than people around you, due to a handicap of some sort.. To put it simply, others may deny access in some way due to their view of your ability. This treatment can be harmful to you and the workplace.
How does it hinder my employment?
Disability discrimination may appear during the hiring process, or even after a work injury. You might have the same qualification, and able to complete the necessary work duties. However, you notice that you didn’t receive the same benefit, or second interview. Furthermore, you might notice employers asking unnecessary questions about your condition, or questioning your ability to perform work functions.
On the flip side, say you faced a work injury earlier this year. You are healing nicely, and back to work now. However, you notice that you are no longer up for a raise, promotions, or opportunity that you were before. If you feel that you’re missing out within your current workplace, or in others, it can be enraging to say the least. You know that you are capable of working hard, and in the same settings as your coworkers. So, you might be wondering what you can do about it? You want to receive equal opportunity, and be treated as a capable member of the team. But, that’s just not happening at the moment.
What can I do to change this?
Start by explaining your rights to the employer. The ADA is alive an well, and they are here to directly assist in situations such as these. Explain that you have certain rights, and your abilities should allow for you to be in the running for any promotion, career, or pay increase that your fellow employees have.
If you have taken this step with your employer, or a potential employer, and they still are not giving you equal access— file an internal complaint. The benefits of filing an internal complaint, is that it gives the employer a chance to see that you’re very serious. Not to mention, you also give them a chance to correct the issue. Instead of taking them to court straight off the bat, it gives them a chance to adjust their thinking and make the right choice.
If neither of these tactics work, it’s time to file a suit against the employer. You didn’t want to take this route. But, it has become the only chance you have to get your point across, and be treated fairly. You’ll want to file your suit with the federal Equal Employment Opportunity Commission (EEOC), or your state’s agency. Then, you’ll want to find a lawyer to take on your case. From there, the EEOC and your attorney will help you move forward in the best way possible.
Every case is different, but discrimination is not something to overlook. You, just like every other citizen, deserve the chance to work hard, and advance your career. For this reason, the ADA has put protections in place.