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Under the U.S. Equal Employment Opportunity Commission (EOCC) and the Equality Act 2010, employers are legally prohibited from discriminating against employees or applicants based on their disabilities. In fact, federal law requires that reasonable accommodations be made available to them.In India The Rights of Persons with Disabilities Act, 2016 along with the Rules protect diable person and provide equal right in work place of Govt. and private sectors.
Even so, it’s unfortunately common for disabled employees to face harassment and discrimination in the workplace. Discrimination can be subtle, so it’s important to learn how to recognize the signs.
Harassment
Workplace harassment can take many insidious forms, and is intended to make a disabled employee feel humiliated and offended. Failing to protect a disabled employee can be just as illegal as direct harassment. By law, disabled employees are legally protected from harassment by co-workers, employers, and customers. It’s an employer’s responsibility to make sure their business doesn’t turn into a hostile working environment.
Harassment can include, but is not limited to:
Direct bullying
Intimidation tactics
Offensive comments and jokes
Refusing to provide reasonable accommodations
Treating a disabled employee differently than other employees
To file a claim based on harassment, the negative behaviors must occur frequently.
Being Overlooked
Your disability doesn’t exclude you from the employment rights and opportunities available to all employees. Under federal law, an employer can’t hire, promote, or determine raises based on an employee’s disability. If an employer fails to make reasonable accommodations during your interview or term of employment, you may have a discrimination case.
A disability also doesn’t stop an employee from wanting to be challenged or promoted. An employer should foster ambitious work ethics and teach their employees new duties and responsibilities. If your company refuses to give you a promotion or new responsibilities based on your disability.
Unfair Pay and Layoffs
Unfortunately, it’s not unusual for a company to try underhanded tactics against disabled employees in their workforce. For example, a company may lay off disabled employees, pressure them to retire, or refuse to offer them raises and benefit opportunities. Another tactic is to eliminate their positions or reassign them to dissatisfying job duties. If you notice this happening at your company, seek legal representation immediately.
What Can You Do?
Don’t hesitate to defend your right to fair treatment and equal employment opportunities. If you have experienced disability discrimination in your workplace.
