Disability Discrimination in the Workplace
Federal and state employment laws prohibit discrimination against qualified individuals with disabilities. These protections apply to many aspects of employment, including hiring, job assignments, compensation, promotion, discipline, and termination.
Burts Law assists employees in understanding how disability discrimination laws apply to workplace conduct and in evaluating options when disability-related concerns arise.
What Is Disability Discrimination
Disability discrimination involves unfavorable treatment of a qualified individual because of a physical or mental impairment, a history of such an impairment, or being regarded as having a disability. Disability protections may also apply to individuals who require reasonable accommodations to perform essential job functions.
Discrimination may occur through employment decisions, workplace policies, or failure to engage in an appropriate accommodation process.
Common Workplace Situations Involving Disability Discrimination
Employees may experience disability discrimination in various ways, including:
- Denial of reasonable accommodations
- Adverse action following disclosure of a disability
- Discipline related to disability-related limitations
- Failure to engage in an interactive accommodation process
- Termination or job changes linked to medical conditions
Each situation is evaluated based on the facts and applicable law.
Reasonable Accommodation Considerations Chart
| Accommodation Issue | General Consideration |
| Modified Work Schedule | May be required depending on job duties |
| Job Restructuring | Adjustments to non-essential functions |
| Assistive Technology | Tools that enable job performance |
| Remote or Hybrid Work | May be considered in certain roles |
| Leave as Accommodation | May be appropriate under specific circumstances |
Disability Discrimination vs. Accommodation Obligations
Disability-related claims may involve disparate treatment, failure to accommodate, or both. Employers are generally required to engage in an interactive process to evaluate reasonable accommodation requests.
| Type of Issue | General Description |
| Disparate Treatment | Adverse action based on disability |
| Failure to Accommodate | Lack of reasonable workplace adjustment |
| Interactive Process | Required communication regarding accommodation |
Understanding these distinctions can help employees assess their rights and obligations.
The Role of the EEOC and Administrative Process
Most disability discrimination claims require filing a charge with the EEOC or a comparable state agency before pursuing court action. Timelines and procedural requirements depend on the nature of the claim and jurisdiction.
FAQs: Disability Discrimination
What qualifies as a disability under employment law?
A disability generally includes physical or mental impairments that substantially limit one or more major life activities.
Do I have to disclose my disability to receive accommodations?
Employees typically must inform the employer of the need for an accommodation, though formal language is not always required.
Can an employer deny an accommodation request?
An employer may deny a request if it poses an undue hardship or if the employee cannot perform essential job functions even with accommodation.
What is the interactive process?
The interactive process refers to communication between employer and employee to identify potential reasonable accommodations.
Can I be retaliated against for requesting an accommodation?
Retaliation for requesting an accommodation or raising disability-related concerns is prohibited under federal law.
How Disability Discrimination May Intersect With Other Claims
Disability discrimination claims may overlap with retaliation, medical leave issues, termination disputes, or accommodation-related claims under other laws. Evaluation often involves reviewing multiple legal frameworks.
Contact Burts Law
If you have questions about disability discrimination in the workplace, contact Burts Law to schedule a consultation to discuss your situation and available options.
