Many people with disabilities still manage to work and be productive, despite their limitations. Federal law, in an attempt to “level the field” a bit, prohibits disability discrimination in the workplace. However, disability discrimination is not always obvious.
In many cases, employees with disabilities are not openly fired or demoted because of their condition. Instead, the discrimination is hidden behind “policy changes,” “layoffs,” “restructuring,” or similar terms. So, how can you spot workplace disability discrimination? Here are three common red flags:
1. Sudden changes after your disability is disclosed
Did your employer’s treatment of you suddenly become negative shortly after you disclosed your condition? Examples of potential discrimination could include:
- You’re demoted or reassigned to a less favorable position or shift
- Your work hours are suddenly reduced, or your schedule is changed
- You find yourself excluded from important meetings or projects
- Your work is suddenly being reviewed more heavily and criticised
- You get a negative performance review after years of great ones
Timing alone doesn’t necessarily prove discrimination, but changes like these that seem directed at you and you alone, when your work hasn’t changed in quality, rather than at the entire workforce, should raise questions.
2. Refusal to make reasonable accommodations
Under the Americans with Disabilities Act, qualified employees may be entitled to reasonable accommodations in the workplace, such as a modified work schedule, flexible medical leave, changes to work assignments, ergonomic equipment and more.
In general, your employer is expected to engage in meaningful negotiations and an interactive process with you if you request accommodations. If your employer has ignored your request to communicate or denied your accommodations without consideration (or explanation), that’s an issue.
3. Harassment and hostility directed at you
Sometimes employers (and other employees) will simply try to make a disabled employee so uncomfortable that they quit. Harassment can include mockery about an employee’s limitations, condition or need for accommodations, offensive comments about their schedule and inappropriate “jokes.” Co-workers and managers, in particular, may openly display resentment at what they consider special treatment.
These are just some of the most frequent examples of workplace discrimination. If you suspect that you’ve been targeted, it may be time to seek legal guidance.
