Even though the US government has introduced various laws for the prevention of discrimination in the workplace, it has not stopped the crime. People with disabilities already have a stressful life. They also go through many struggles to find a suitable job for themselves. After battling so many issues, being mistreated at their job can be disheartening.
Whether the discrimination is intentional or a mistake, it can significantly disrupt a person’s mind. They may no longer perform well at their job and even develop several mental health issues, including depression, anxiety, and PTSD. An employment discrimination lawyer Austin can help you understand your rights in the workplace and what options you have.
Different types of disability discrimination occurring at the workplace
- Direct discrimination.
Direct discrimination occurs when an employer or a recruiter takes a decision solely based on the employee’s or potential employee’s disability status. For example, an employer recruiting people for a new position in the company may not hire you only because of your disability. Instead, they may hire someone else, even if they do not have the same qualifications and experience as you do.
- Indirect discrimination.
Indirect discrimination refers to when an Austin employer has certain policies that apply to all employees but put disabled people at an advantage.
For example, a company has a policy of taking a 15-minute break between work. If you have a certain disability that prevents you from walking at a “normal” pace, you will take more time to reach the break room than other employees. Therefore, other employees enjoy their 15 minutes while you get less time.
Direct discrimination occurs when an individual is treated less favorably than another person based on specific characteristics such as race, gender, age, or disability. This form of discrimination is often explicit and can manifest in various situations, including the workplace, education, or public services. For example, if an employer refuses to hire a qualified candidate solely because of their ethnicity, this constitutes direct discrimination. Such actions not only undermine the principle of equality but also contribute to a culture of exclusion, impacting the victim’s self-esteem and opportunities. It is crucial to recognize and address direct discrimination to foster an inclusive society that values diversity and promotes equal treatment for all.
- Harassment.
It is unlawful to harass any worker based on their disability. Harassment can take place in various forms. Verbal harassment can occur when people make offensive remarks about a person’s disability and create a hostile environment. Harassment can come from anyone in the workplace, including the employer, co-workers, supervisors, and even clients.
- Retaliation.
Retaliation refers to when a person suffers from mental, emotional, physical, or financial harm because they filed a complaint in the workplace. Cases of retaliation often occur when the employer receives a complaint from an employee and does not wish to solve it.
- Failure to make reasonable adjustments.
The US government gives disabled employees the right to ask for reasonable accommodations if the action does not pose an undue hardship for the employer. Reasonable accommodations may include wheelchair accessibility, timing changes, moving the employee to an office branch closer to their home, etc.
Laws for the prevention of discrimination play a crucial role in fostering an inclusive society where all individuals, regardless of their race, gender, sexual orientation, or disability, can enjoy equal rights and opportunities. These laws aim to eliminate systemic barriers and biases that have historically marginalized certain groups, ensuring that everyone can participate fully in social, economic, and political life. By promoting fairness and accountability, such legislation not only protects individuals from unfair treatment but also encourages organizations to adopt equitable practices. Ultimately, these laws contribute to a more just society, where diversity is celebrated and valued.
Combating disability in your daily life is already challenging. When you add the stress of a hostile work environment, it can pose a danger to your mental and financial health. When this occurs, make sure you have a lawyer by your side.
