Every worker deserves to feel respected and valued, regardless of any disabilities they may have. Unfortunately, some employers may treat disabled employees unfairly, creating an unequal work environment. Disability discrimination at work can take many shapes and isn’t always easy to identify.
From unfair treatment in job duties to a lack of reasonable accommodations, discrimination happens in various ways. A Boston disability discrimination lawyer can help if you’re facing these challenges.
Understanding how the law defines and protects against disability discrimination is an essential first step. Knowing your rights can help you recognize when something isn’t right.
Are You Protected Under Disability Discrimination Laws?
Discrimination can have a serious impact on your career and well-being. Fortunately, the federal Americans with Disabilities Act (ADA) protects workers in all 50 states, and many states, including Massachusetts, offer additional protections.
A Boston employment discrimination lawyer can help you understand if you’re covered under these laws.
You may be protected under the ADA if:
- You have a physical or mental disability that limits major life activities.
- You have a history of such a disability (like cancer in remission).
- Your employer believes you’re disabled, even if they’re incorrect.
You’re considered a qualified worker if you can perform your essential job tasks, with or without accommodations. A Boston labor and employment lawyer can assist if your employer is not providing reasonable accommodations or if you believe discrimination has occurred.
Additional Protections for Disabled Individuals
Beyond workplace protections, there are laws that safeguard disabled individuals in other areas of life, including travel, education, housing, and building accessibility. These protections aim to create a more inclusive environment in various aspects of daily living.
In Massachusetts, additional laws are in place to protect disabled employees from workplace discrimination. The Massachusetts Commission Against Discrimination (MCAD) enforces state-level protections, which work alongside the federal Americans with Disabilities Act (ADA).
The Massachusetts Fair Employment Practices Act (FEPA) provides further safeguards against discrimination based on disability. For more information on these protections, you can visit the Massachusetts Department of Labor website to review specific regulations and policies.
For a free legal consultation, call (860) 999-9394
What Are the Most Common Types of Disability Discrimination?
Disability discrimination in the workplace can take many forms, and it often goes unnoticed. It’s important to be aware of the ways discrimination might occur so you can recognize it if it happens.
Below are the most common examples of disability discrimination that employees may experience.
Refusal to Hire Due to Disability
You may have experienced a great phone interview, only to be dismissed after meeting in person once the employer noticed your disability. Or perhaps everything was going well until you asked about accommodations and the job offer was suddenly withdrawn.
Under the law, employers generally cannot ask disability-related questions or require medical exams before making a conditional job offer. However, if you have a visible disability or disclose one, they may ask limited questions about any necessary accommodations.
Unfortunately, many employers won’t admit to discrimination. They may offer vague reasons for rejecting you, such as claiming you weren’t the “right fit.” An employment discrimination lawyer can help uncover whether disability was the real reason for their decision.
Unlawful Firing or Demotion Due to Disability
Employers are prohibited from taking negative actions against workers because of an actual or perceived disability. If you’re a qualified employee, the following actions could be considered illegal:
- Demoting you or firing you from your job
- Reducing your hours or making changes to your schedule
- Excluding you from key projects or important roles
Additional examples include being denied promotions or benefits others receive, being unfairly disciplined, or having your pay reduced. These harmful actions can stall your career and cause emotional stress.
It’s also against the law for an employer to retaliate if you report disability discrimination. Your rights are protected under the law.
Denying Equal Opportunities to Disabled Employees
Employers cannot treat you unfairly because of a disability, especially when it comes to promotions or opportunities for advancement. You have the right to be considered for growth within the company just like your coworkers.
If you’ve been passed over for a promotion or other opportunity that you’re qualified for due to your disability, this could be grounds for a legal claim.
A successful claim may help you recover lost wages, bonuses, or benefits. In some cases, your employer might also be responsible for covering your legal fees and court costs if discrimination is proven.
Harassment Due to Disability
Workplace harassment is a serious issue that can create a toxic environment, especially when it targets someone based on their disability. It can come from coworkers, supervisors, subordinates, or even outside parties like customers. This type of behavior can lead to stress, anxiety, and emotional harm.
Some examples of disability harassment include:
- Verbal harassment like jokes or slurs about your disability
- Being singled out or treated differently because of your condition
- Unwanted comments or questions about your disability
Disabled workers have the right to a respectful, inclusive workplace, and no one should have to endure harassment or discrimination. Your health and well-being matter.
Failing to Provide Reasonable Accommodations
Under the ADA, your employer is legally required to make reasonable adjustments to help you perform your job. If they fail to do so, you may have grounds for a discrimination claim. Reasonable accommodations allow you to fulfill your essential job responsibilities.
Common examples of accommodations include:
- Tools like hearing aids or mobility aids
- Adjusting your desk location for accessibility
- Changes to your work schedule based on medical needs
Your employer is required to work with you to find a solution that addresses your needs, though it doesn’t have to be the exact option you request. It’s important to communicate clearly about what adjustments you need, as the law does not require your employer to anticipate these.
How a Boston Disability Discrimination Lawyer Can Help
If you’re facing unfair treatment at work due to a disability, it’s important to understand what is considered disability discrimination at work and how to protect your rights. Discrimination can take many forms, and your employer has a legal obligation to address it.
Working with a Boston disability discrimination lawyer can help you hold your employer accountable. Duddy, Goodwin & Pollard is committed to standing up for workers and making sure corporations and employers follow the law.
Don’t hesitate to seek legal advice if you believe your rights are being violated. Speaking with a lawyer can help you take the next steps toward a fair resolution.
Call or text (860) 999-9394 or complete a Free Case Evaluation form