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How Does an employee Know if They are Being Discriminated Against in the Workplace Based on Their Di

How The American Disability Act (ADA) has protected the disabled workers
How Does an employee Know if They are Being Discriminated Against in the Workplace Based on Their Disability?
Employees with particular disabilities are considered to be part of a protected class by the law. The State of California provides security and rights for American's with disabilities who wish to enter the workforce. These rights are meant to encourage employees with disabilities to participate in society and offer the same opportunities as those who do not have a recognized disability. The law recognizes certain mental disabilities, psychological disorders, intellectual disabilities, organic brain syndrome, and/or emotional or mental illness. Also, certain physical disabilities are recognized as well, such as a physiological disease, disorder, condition, cosmetic disfigurement, or any loss of control of the body.
How do you know its disability discrimination?
The Fair Employment and Housing Act prohibit behavior in the workplace that singles out employees based on their disability by way of hiring practices, promotion selection, and the way in which employee benefits are distributed. Discrimination comes in all shapes and sizes but they all cause damage to an individual with a disability, emotionally as well as to their career. In its most obvious form, discrimination can be inflicted upon an employee through verbal and written comments. These comments often speculate on the employee's capability to carry out their duties as an employee. For example, an employee who was injured in a car accident lost one of his arms. This employee is often verbally abused and humiliated in front of his co-workers by his manager. Often his manager would make comments and make jokes towards him such as "Gosh you're slow, this is really a two-arm job" and "Hey, too bad you can't shop at the secondhand store". In an email, his manager told him he was slow and his disability was a burden on the department. This employee was the only person at the company who was picked on and treated in this manner by the manager. Here, this example shows discrimination in the verbal form as well as the written form. In both forms, the manager singled out the employee from the rest of his coworkers specifically because of his disability which may give rise to a disability discrimination claim.
Again, discrimination can also come in the form of demotion, passing up an employee for promotion, singling the employee out, name calling refusal to provide reasonable accommodation, depriving the individual of employee benefits, cutting hours, reducing pay, or even wrongfully terminating the employee. Although this list covers the most common forms of discrimination, it is not an exhaustive list. A Disability Attorney is a lawyer who specializes specifically in employment law matters and is able to identify certain actions and behaviors as discriminatory that may extend beyond the actions mentioned.
It doesn't just come from upper management
Generally it might be presumed that it is the employer or someone in upper management who would exercise discriminatory behavior towards an employee with a disability, however, that is not always the case. Many employees with disabilities endure adverse treatment based on their disability by fellow co-workers. For example, an employee may have certain adjustments made to their schedule or use a special chair at their desk to accommodate their disability needs. Other employees may make comments such as "oh here comes John, he always gets special treatment just because he has a bum leg" or "Disabled people get it so easy, they are just lazy and want a free ride in life". These types of comments are of course hurtful but they also are downright discriminatory. Commenting on an employee's disability, especially in a derogatory manner can be characterized as harassment and unlawful.
You're afraid you'll lose your job if you complain
If an employee is harassed at work based on their disability, he or she should report the incident(s) immediately and the employee is entitled to do so without repercussions for complaining. This means that if an employee is being treated adversely because of their disability, whether it is by another coworker or a supervisor, it is against the law for an employer to fire the employee specifically for making that complaint. This is called retaliation. An employee who is being retaliated against after making a complaint regarding unlawful conduct, the employee may endure a demotion, bogus reprimands, or even being suspended from work. These are forms of punishment that an employer may inflict upon an employee for complaining and may give rise to a retaliation claim.
Even if an employer has fulfilled their obligation in making reasonable adjustments to accommodate the employee's disability, the employer is also responsible for taking steps to protect the employee from harassment. Once an employee makes a complaint about being harassed by other employees based on their disability, the employer needs to take steps to address the issue such as conducting an investigation, separating the individuals, enforcing or enacting work policies that aid in maintaining a harassment-free environment, and other preventative measures that actually hinder the problem from reoccurring,
Every case is different
So, how does an employee know if they are being discriminated against in the workplace based on their disability? Every case is different and there is no hard and fast rule that can determine automatically if an employee was discriminated against or not. That is why each case is decided based on collecting all the surrounding circumstances before coming to a conclusion.
Disability discrimination in the workplace is considered as unlawful behavior and prohibited by the employment laws in California. Although employees with a disability have rights in the workplace, those rights can still be violated. It is up to the employee to make complaints, keep a personal record of all incidences, and to seek legal counsel if their employer or Human Resources Department is not addressing the issue. If an employee is treated negatively based on their disability, this can be disruptive to the particular employee and may cause the employee to experience stress. An employee with a disability may have the right to refuse to withstand such conditions at work. Contact a Disability Discrimination Attorney today to discuss your rights as an employee with a disability.

ن : Afshin Tehrani
ت : پنجشنبه 27 ارديبهشت 1397
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