Employment discrimination involves a company considering protected characteristics when making staffing decisions. Medical conditions and genetic information are among the protected characteristics listed in federal statutes.
Additionally, federal laws, such as the Americans with Disabilities Act (ADA), expand the rights of workers with disabling medical conditions. Employers should not consider a worker’s medical condition when deciding if they are the right fit for a vacant position with the company.
Disabling medical conditions also should not influence promotions or decisions about staffing reductions. Unfortunately, disability discrimination remains somewhat common, and it frequently manifests in the same form of employer misconduct.
Businesses refuse to provide support for workers
Under the ADA, many businesses have an obligation to provide reasonable accommodations for workers. Employees with recommendations from their doctors could ask for assistive technology, a change of job responsibilities or even work-from-home arrangements.
If the company has 15 or more employees, the organization typically has a responsibility to conform with the ADA. The failure to provide reasonable accommodations is one of the most common reasons that employees pursue disability discrimination lawsuits.
Employees seeking accommodations generally need to ensure that they follow appropriate procedures, including communicating with the right parties at their work, documenting their conversations and providing the medical recommendations required to substantiate their support request. If companies refuse to accommodate workers or punish them for requesting accommodations, the employees affected by that misconduct may have grounds to take legal action.
Filing a disability discrimination lawsuit can compel an employer to accommodate a worker or may lead to compensation for the economic losses sustained by an employee. Professionals who are aware of their rights under state and federal statutes can fight back against unfair treatment in the workplace.