Under both federal and state laws, disability discrimination in the workplace is unlawful. Nonetheless, it occurs frequently in Texas. It leads to occupational and personal discontentment and can even impact job performance.
You probably need your job, but you need not tolerate such mistreatment to continue working. The law can provide a remedy. However, first you must identify disability discrimination. Here are some common forms.
Direct discrimination
Direct discrimination happens when an employer treats an employee less favorably because of their disability. Examples include refusing to hire, demoting or firing someone solely based on their disability. For example, if a qualified candidate is denied a job because they use a wheelchair, this constitutes direct discrimination.
Indirect discrimination
In contrast, indirect discrimination is when a workplace policy or practice disproportionately affects employees with disabilities. These policies may appear neutral but can disadvantage certain workers. An example is a policy requiring all employees to attend mandatory training sessions but holding them in inaccessible locations.
Denying accommodations
Employers must provide reasonable disability accommodations when requested, enabling the employee to perform their job duties. Failure to do so is a form of discrimination unless making the changes would cause the employer undue hardships.
For example, denying a simple accommodation, such as a schedule change for related appointments, may be considered discrimination. That’s because it is unlikely to cause significant hardship for the employer.
Employee harassment
Harassing employees with a disability or allowing others in the workplace to do so is typically a violation of their rights. This includes unwelcome conduct related to the disability that creates a hostile work environment. Examples include derogatory remarks, jokes or other offensive behavior targeting a disability.
You can seek a remedy for your discrimination without sacrificing your livelihood, especially with experienced legal guidance.