Disability Discrimination In The Workplace: An Overview
Many millions of US citizens are physical or mentally disabled, and just like those belonging to minority race, religion and gender groups, they continue to face discrimination both socially and within the workplace. What is disability discrimination in the workplace? When an employee, who has been taken on because they are qualified to perform that job role, is treated unfavorably because of their mental or physical disability, this is disability discrimination.
Unfortunately, there are many types of discrimination that can occur in the workplace, but there is a difference between the types of discrimination displayed towards disabled people, and the forms of discrimination directed towards people based upon their race, color, religion or gender. The kind of discrimination shown towards disabled people can be caused by pity or even a misguided form of compassion, and can manifest itself in the form of demeaning or patronizing behavior and attitudes. It can also result in the fundamental needs of the disabled employee not being recognized; this type of discrimination is known as benign neglect.
What is benign neglect in the workplace? If a workplace does not provide adequate access for disabled people, such as by installing a ramp, or once inside their premises, there are no restroom facilities designed for disabled people to be able to use, then this can be benign neglect. This form of discrimination isn’t necessarily an indication that the person responsible has a feeling of hatred or apathy towards disabled people, it just shows that they have failed to recognize the needs of a certain minority section of their workforce.
How else does disability discrimination manifest itself in the workplace? Discrimination may also take the form of harassment in the workplace, and can include offensive or hurtful remarks about a person’s disability. While the law can’t prohibit teasing, it can certainly look upon the constant harassment of an employee as being an illegal offence, particularly if it creates a hostile environment for the employee, to the point where they no longer feel comfortable or safe while at work.
How easy is it for disabled employees to report a case of discrimination? In whatever form discrimination towards disabled people may manifest itself, for those disabled people who want, and need, to work, it can often be difficult for them to find a job that accepts and supports their disability. Then, should a disabled person find employment but their employer(s) discriminates against them by not recognizing their fundamental needs such as providing them with wheelchair access to the building, or they are offered a lower wage than their colleagues because of their supposed lack of ability to carry out the terms of their employment, it can be difficult for that person to report and take action against, their employer. In some cases, the types of discrimination (such as verbal harassment) may be impossible to prove, and the type of disability the victim has, can also cause controversy and come under scrutiny.
What is the Rehabilitation Act of 1973? The Rehabilitation Act of 1973 prohibits any form of disability discrimination by federal agencies, contractors and others who receive federal financial assistance. Courts have ruled that private individuals may file actions under this act against such employers, as opposed to a government entity.
Law Office of Jesse D. Nelson is an employment law firm located in Knoxville, Tennessee. We are in business to represent employees. We also represent people facing family issues, such as divorce and child custody. We tailor a strategy for each case based on what is most important to you, our client. Whether you are looking for employment lawyers Knoxville, TN or labor lawyers Knoxville, TN, call us today at (865) 383-1053.