Federal and state laws protect workers from getting discriminated against by employers based on their disabilities. Nonetheless, disability discrimination still happens in the workplace.
If you think that you were treated unfairly on the job because of your disability, you might want to talk to Chicago civil rights attorneys about your legal options. Here are some of the common types of workplace disability discrimination you might face.
Harassment Based on a Worker’s Disability
It is illegal for anyone in the workplace to harass a worker because of the person’s disability. Some forms of illegal discrimination concern the conduct of the employers, but it violates to law for your boss to create or allow a toxic work environment that involves disability discrimination, whether the offensive behavior was the act of the company owner, managers, co-workers, or customers.
If people taunt you or call you names, make you feel humiliated or offended, or antagonize you because of your disability, you might have a claim for harassment. In addition to verbal harassment, physical acts like mimicking a person or making an inappropriate or hurtful facial expression could be harassment.
Direct and Indirect Forms of Discrimination
This kind of discrimination requires unfair treatment by your employer, which can include the company owner, supervisors, and others in a position of authority. It would violate the law if your employer or potential employer made an adverse employment decision based on your disability.
Let’s say that you applied for a posted promotion in your company. Although you had seniority, stellar annual reviews, and superior credentials to everyone who received an interview and the person selected for the position, your boss did not even give you an interview because of your disability. That would be direct discrimination.
Indirect disability discrimination in the workplace refers to policies that treat some people unfairly because of their disabilities. If your job has policies that put you at a disadvantage because of your disability, you might have a claim for indirect employment-based disability discrimination. For example, mandatory training you need to keep your job only takes place in a location of the building that is not accessible, and you are a wheelchair user. That practice keeps you from advancing or even staying employed because of your disability.
Failure to Make Reasonable Accommodations
Employers must make reasonable accommodations for workers who have disabilities. The key here is “reasonable.” The facts of each situation will determine what is a reasonable accommodation. For example, a small “mom and pop” store might not have the same resources to pay for the accommodations that a Fortune 500 corporation could afford.
Depending on the circumstances, these might be reasonable accommodations for a disabled employee:
- Designating a disabled/wheelchair access parking spot for a worker who uses a wheelchair.
- Allowing an employee with multiple sclerosis to work while sitting instead of standing if the worker can perform the job functions while being seated.
- Providing screen viewer accommodations on the computer display for a worker with visual impairment.
Contact Our Attorneys Today
These are but a few examples of modifications that could constitute reasonable accommodations for an employee with a disability. Chicago Civil Rights Attorneys could talk to you and evaluate whether you might have a claim for workplace disability discrimination. Contact our office today, we offer a free consultation.