Cause Analysis of Disability Discrimination in the Workplace

Disability Discrimination in the Workplace

The EEOC describes indirect discrimination as the actions of an employer that result in disadvantages to certain individuals. For example, a local authority may fail to produce a flyer in a readable format, making it more difficult for people with learning disabilities to receive information or services. Such conduct is unlawful unless the employer can show a good reason for their actions. Therefore, an employer must provide evidence that they have taken reasonable steps to accommodate the disabled individual.

Employers cannot advertise that they are discriminating against a protected class. Moreover, they cannot discriminate against a qualified applicant based on the nature of the occupation. However, this exception does not apply to applicants with disabilities who qualify for the job. Employers cannot knowingly aid unlawful discrimination in any way, and they must disclose their compensation history. Additionally, they cannot discriminate based on genetic information, such as hair texture, afro hair, or protective hairstyles.

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The EEOC tracks national data on discrimination. It also handles complaints from state agencies. It is important to note that disability claims rarely lead to lawsuits. However, in 2016, disability discrimination claims ranked third in lawsuits filed with the EEOC. In 2021, disability claims were the third most common form of discrimination in California, just behind race discrimination. But these claims are not always the case.

Cause Analysis of Disability Discrimination in the Workplace

While there are many types of discrimination that can occur in the workplace, there are specific legal procedures that employers must follow. As long as an applicant has a documented disability, an employer cannot refuse them based on their disability. However, if an applicant can perform essential job functions without any accommodations, the employer is not violating the law. However, if the employee cannot complete the required tasks, they must be offered an alternative position or compensation.

The ADA requires employers to provide appropriate accommodations for qualified persons with disabilities. The Act also prohibits discrimination based on association with a disabled individual. However, in order to pursue a case based on disability discrimination, an employee must have a disability, a documented disability, or a history of a disability. The ADA Amendments Act amends this law by recognizing new activities as disabilities.

Under federal law, employers cannot discriminate based on race, color, or national origin. They must also not discriminate based on a disability, including the presence of an AIDS diagnosis or HIV test result. These legal standards make it difficult for employers to discriminate against people with disabilities despite being considered the best fit for the position. For example, it is illegal to require a job applicant to be pregnant or breastfeeding.