If you are a disabled person, you must go through various struggles already. One thing you do not want is problems to arise in your workplace or difficulty in getting a job. Everyone has the right to earn. It can particularly feel devastating when you have the right skills, knowledge, and experience for a job position and the company still hires someone else less qualified.
Disability discrimination happens on a daily basis. Companies hesitate to hire disabled people because of their “limited potential.” However, if you have the right skills, there is no reason they should not hire you. Consult with Charlotte employment attorneys to take action against a discriminatory employer or company.
Forms of disability discrimination
Discrimination in hiring.
Discrimination during the hiring process is pretty common in Charlotte when disabled candidates, even when they are well-qualified for the job, do not get the job based on their condition. For example, there may be two people applying for the same job. One is more qualified than the other, but the less qualified one still gets selected because they are not disabled in any way. This is a blatant example of discrimination.
Not accommodating an employer’s disability.
You may be thinking that an employer who is willing to hire disabled employees should be willing to provide adequate accommodation as well. While this should be the case, the reality is far different. Many employees do not provide this accommodation simply because they do not want to do it or want the employee to quit the company.
According to the law, employers must grant accommodation to help the disabled employee perform their duties. They are only allowed to opt-out of this obligation if the arrangement of the accommodation causes undue hardship. For example, arranging a wheelchair might be possible for some businesses, but building a wheelchair ramp might not be.
Firing or demoting an employee because of their disability.
Maybe you were not disabled when you first joined the company, but you suffered from an accident that brought permanent injuries to your body. Your employer is not allowed to fire or demote you to a lower job position because you acquired a disability. Other things they cannot do include:
- Terminating your employment contract
- Refusing to put you in a client-facing role
- Taking unfair disciplinary action against you
- Failing to assign you to priority projects
- Changing your schedule or cutting your hours
- Cutting you out of benefits that other employees enjoy
Harassment in the workplace.
Sadly, disabled people still face harassment in the workplace, either by their co-workers, employer or customers, or all. Harassment may include making offensive remarks about the person’s disability, such as making fun of them. If harassment creates a hostile environment, it is discrimination.