The number of complaints of discrimination on disabilities in the workplace is increasing day by day. While some individuals are discriminated on grounds of physical disability and end up requiring the hiring of a spinal cord injury attorney, others are discriminated for mental ailments. No matter the reason, the disability in the workplace law prohibits employers from discriminating against qualified applicants in various capacities of work according to the official policy, and this includes selection, firing, promotion and compensation based on their disabilities.
Law of workplace disability explained
Any person with a disability is termed as an individual who has been regarded as having a mental or physical impairment or have a record of such impairment that limits one or more major life activities. A well qualified applicant is termed as a person who with or without reasonable accommodation is in a position to perform job duties necessary to the function. Here reasonable accommodation could include providing facilities easily accessible by individuals with physical impairments, adding or modifying devices or equipment.
As per the law, employers are prohibited from lowering equality to make an accommodation, which could make a charge of disability discrimination. The employer may argue that an accommodation is qualifying as an undue hardship depending on the accommodation cost, the business structure and/or the effect a particular accommodation may have on the business. Although disability discrimination is not limited to a specific set of circumstances, you will find two common situations under which discrimination usually occurs.
The first situation is failure to hire the applicant. When a disabled person applies for a particular position for which he is eligible and qualified, he can file for failure to hire in case the employer denies the post due to the disability of the qualified applicant. The employer is violating the law in many ways during the interview process. Asking questions such as the severity of the disability or how the disability might affect on-the-job performance are common ways of violating the law.
Failure by the employer to make reasonable accommodations is another instance of discrimination to disabled employees. It is rather complex to define reasonable accommodations. In general, they are minor allowances that allow a disabled person to perform his job in a better way. Adjustment of the desktop to accommodate a disabled employee in a wheelchair, providing TDD telephone equipment, adjusting time schedules, etc are common examples of accommodations. Now that you are familiar with the law on disabilities in the workplace, you can easily find out whether you or concerned individuals are a victim of discrimination and take appropriate legal steps to get justice.