Employers are required to make reasonable accommodations that allow their disabled employees to do their job effectively. Title 1 of the Americans with Disabilities Act of 1990 (ADA) was put in place so that employees who are disabled would not face discrimination in the workplace. Through the years, amendments to the ADA have been added.
To understand what qualifies as a disability, the CDC offers this definition: “A disability is any condition of the body or mind (impairment) that makes it more difficult for the person with the condition to do certain activities (activity limitation) and interact with the world around them (participation restrictions).”
3 examples of disability discrimination
There are several different categories of disability discrimination in the workplace. They are as follows:
- Direct discrimination: This occurs when the disabled individual is treated poorly compared to other employees in the same job capacity. For example, the employer constantly overlooks the disabled person when it comes time for a promotion. Instead of fairly considering their abilities, the employer decides that their employee can’t handle the promotion due to physical limitations.
- Indirect discrimination: This is often less obvious than direct discrimination because it may give the appearance that everyone is being treated the same. Let’s say that the disabled employee’s supervisor creates a new rule stating that washroom breaks are limited to ten minutes with no exceptions. The disabled employee is in a wheelchair and it takes them fifteen minutes to use the washroom. By not making this reasonable adjustment for their employee, the supervisor is engaging in discriminatory practices.
- Harassment: When an employee is ridiculed or mocked because of their disability, they are being harassed. This can occur at the hands of fellow employees, staff members or employers.
A disabled employee who has been targeted by discrimination has rights that permit them to fight for fair and equal treatment. Before launching a formal complaint, seek guidance to ensure that all bases are covered.