People dealing with disabling medical conditions have the same basic needs as anyone else. They need to earn enough income to support themselves and their children. They generally want to pursue meaningful employment that provides them with their compensation and possibly also workplace benefits.
Both federal statutes and California state employment laws protect workers against discrimination based on their medical conditions. Workers should not have to worry about losing employment opportunities or facing mistreatment in the workplace because of a disabling medical condition.
Despite the laws protecting people from disability discrimination, it is still somewhat common for professionals to experience mistreatment on the basis of their health status. The following are some of the ways that companies discriminate against workers on the basis of their medical conditions.
Limiting advancement opportunities
Some companies try to avoid hiring workers with disabling medical conditions. They put physical job function requirements in job listings to deter people who have functional limitations from applying. Other times, companies may hire workers with a variety of different challenges for entry-level positions. However, they may rarely or never offer those workers opportunities to advance within the company.
Employers should not consider medical conditions when making decisions about whom to hire, promote or terminate. A company that consistently passes over competent and qualified workers for advancement opportunities without justification may have unfairly considered their medical condition when making decisions.
Refusing to provide accommodations
Many workers can do jobs despite their functional limitations with the right support. They might need assistive technology, modifications made to the physical space in which they work or an adjustment to their job responsibilities. Employers that can provide reasonable accommodations refusing to do so is one of the most common ways that disability discrimination manifests in the workplace.
Ignoring a hostile work environment
Companies should not allow workers to mistreat one another on the basis of their protected characteristics. Just like employers should intervene when there’s racial or sexual harassment occurring, they should also prevent coworkers from mistreating someone on the basis of their medical condition or disability. When companies fail to respond to harassment and abuse related to a worker’s medical condition, they may allow a hostile work environment that technically violates the rights of that employee.
Documenting disability discrimination is a key step for those hoping to hold their employers accountable for mistreating them on the basis of their medical status. A successful disability discrimination lawsuit can help workers defray the economic impact of an employer’s misconduct.
