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What constitutes disability discrimination?

On Behalf of | Apr 27, 2022 | Blog

If you have a disability and suspect discrimination, your employer may violate the law. According to the U.S. Department of Labor, employers cannot treat employees or potential employees with disabilities differently from other employees.

When you receive a job, your employer cannot require you to give a medical exam ahead of time. In some cases, the employer may ask employees to voluntarily self-identify. A person can do this during the pre-offer stage and post-offer stage. An invitation to self-identify can only happen in the cases of affirmative action.

Traits Employers Cannot Discriminate Against

Under no circumstance can an employer discriminate against you because of disability. For example, you may have a claim if you have any limiting impairments that influence your daily life and a supervisor treats you differently, harasses you or otherwise discriminates against you. Your impairments may include physical or mental conditions. Likewise, if you have any recorded disabilities or someone regards you as having a disability, it counts towards disability discrimination.

Your employer cannot discriminate against you for familial or other relationships either. For example, if you have a child with disabilities, you cannot face discrimination due to the relationship.

Examples of Employer Discrimination

Your employer cannot fire you or refuse to hire you based on your disability. Some employers will try to give employees with disabilities lesser assignments, but to do so equates to discrimination. If you ask for reasonable accommodation and your company refuses the request you can file a complaint or Charge of Discrimination.

When it comes to your disability, you have a right to expect equal treatment.