In 2023, disability discrimination lawsuits made up 34.3% of the total lawsuits the Equal Employment Opportunity Commission (EEOC) filed. Discrimination cases increased substantially in 2024, with the EEOC receiving over 500,000 calls and 81,055 new charges. Even with these increasing calls and charges for discrimination, it is revealed that 45% of workers are still unaware of their company’s anti-discrimination policies.
Your workplace should be a welcoming space where every employee feels appreciated and supported, no matter their physical or mental abilities. Individuals with disabilities still face discrimination in many workplaces, leading to challenges and a sense of discouragement.
According to Los Angeles ADA lawyer Jennifer Kramer, if you find yourself experiencing discrimination due to a disability, you should know your rights and take appropriate action to address the situation.
Let’s look into these steps that you can take to address the situation and protect your rights.
Recognize the Discrimination
The first step in fighting discrimination is to recognize the indicators of disability discrimination at work. If your impairment is treated differently from your coworkers, it may be discrimination. This might involve being left out of meetings, missing out on promotions or raises that you rightfully earned, or facing ridicule because of your disability.
If your requests for reasonable accommodations are often turned down without any clear reason, it could indicate a potential issue of discrimination. If you unexpectedly get negative performance reviews or face disciplinary actions without any clear reason, particularly after acknowledging your struggles, this could be another indication.
Disability lawyer Christina Rivenbark says you should pay attention to any sudden changes in your workload or responsibilities that seem unreasonable or designed to make you fail. It’s important to trust your instincts and seek support if you feel you’re being unfairly treated due to your disability.
Document Incidents and Evidence
Carefully record occurrences and gather proof to fight discrimination against you and your disabilities. Record any employment discrimination you encounter with dates, time, locations, people, and details of what happened. This documentation will support formal resolution.
You should also keep all emails, messages, performance reports, witness statements, and other relevant documents that might reveal instances of discrimination. Your argument will be stronger with more evidence.
Report to HR or Management
When you encounter discriminatory behavior, address the issue promptly to prevent further harm. Scheduling a meeting with HR or your immediate supervisor to discuss the incidents you have experienced.
Be prepared to provide specific examples, dates, and any documentation you have gathered.
Share the details of how the discrimination has impacted you and your ability to perform at work.
Remember to share your concerns in a calm and respectful manner during the meeting. Express your goal to work in a fair and inclusive workplace and ask for their help. Your issue should be investigated immediately by HR or management. They must prohibit discrimination in the workplace and may take action.
Seek Support From Advocacy Groups
Advocacy groups specialize in advocating for the rights of individuals with disabilities and can offer you resources to address discrimination effectively. These groups can offer a listening ear, help you understand your rights under the law, and share practical strategies for dealing with tough situations at work.
Support organizations can guide you on how to address discrimination while protecting your rights, drawing from their experience with similar situations. They can also provide guidance on ADA and other legal modifications. Advocacy groups can offer a supportive community for disabled workers striving for equality in the workplace.
Consider Legal Options
Consult with an experienced employment lawyer specializing in disability discrimination cases to assess the strength of your situation and understand the legal remedies at your disposal.
Your lawyer is there to guide you and assist with the paperwork you need. He or she will stand by your side during negotiations or legal matters. Legal action should be pursued strategically and with a clear understanding of the potential outcomes. Remember that defending your rights is key to creating a fair and inclusive workplace.
Conclusion
Workplace disability discrimination is unacceptable, but you’re not alone. Everyone deserves a fair and inclusive workplace so standing up against disability discrimination not only protects your rights but also fosters equality in the workplace.
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