Everybody has the right to work in dignity regardless of whether you are able-bodied or disabled. As long as your disability is not going to impact your ability to fulfill the job description then there is no reason for you to not be hired or continue to work at your job. Since you are able to do the job, the disability shouldn’t be a hindrance.
However, it is often a hindrance because some hiring managers fail to understand that you are able to do the job as effectively as anybody else. Sometimes you already have the job and the higher-ups will make it difficult for you to work because they won’t provide reasonable accommodations. In this article, we will go over what to look for when you are disabled to identify if you are being discriminated against.
1. Wrongful termination
One of the worst forms of discrimination toward a disabled person is to fire them without cause. This often happens because the manager wrongly decides that the disabled person is not worth any concessions or accommodations. As a member of a protected class, you have the right to work without being fired even in an “at-will” state.
However, many disabled people understand when a termination is unjustifiable and is in retaliation for something unrelated to their work performance. If you feel you have been wrongfully terminated, then you may have a case against your employer. Chances are that they can’t prove that they had no reason to fire you and you would simply move on without a fight.
Talk to an attorney to see what your case looks like and what you will need to do to bring a suit against them. If you just want your job back then you should contact your local EEOC office to file a claim and have them assist you.
2. Your requests for accommodations are ignored
As a disabled person, you have the right to request some reasonable accommodations to make sure that you are able to work safely and effectively. This can involve any number of requests that will allow you to work with dignity. For instance, you may need to have a desk near a restroom so as to not waste time getting there which would slow your work progress down.
Something like this is easily done and shouldn’t be a problem for a responsible employer. If it is ignored then you are likely facing a form of discrimination against you because of your disability.
3. Passed over for promotions
When you have good performance reviews from your time at the company and promotion is available, then you should be a good candidate. If you are passed over it can be disappointing. When you are consistently being passed over then this crosses the line into discrimination.
Make sure to document your history of good performance and that you have the qualifications to be promoted. This will help you build a case for discrimination.
