Federal law generally prohibits discrimination based on a worker’s medical condition(s) and genetic information. Workers should not have to worry about losing their jobs or facing difficulty obtaining jobs because they have disabling medical conditions.
Employers should consider them on the basis of their abilities, or history and education. If a worker with a disabling medical condition can perform a job, possibly with specific accommodations, then companies should consider them on their individual merits rather than based on their health status. Unfortunately, disability discrimination occurs regularly and can deny people an opportunity to support themselves.
How do some companies discriminate against workers with disabling medical conditions?
Refusing to extend opportunities
Sometimes, companies extend an offer of employment, only to retract that offer after learning about a worker’s medical conditions. Maybe someone offered a job comes to the company to fill out paperwork when they hadn’t had a face-to-face encounter before. The company may then retract the offer of employment, denying a potentially qualified worker an opportunity they could have obtained if the company didn’t know about their condition.
Other times, companies may hire workers with disabling medical conditions but may not allow them to move upward within the company. They may end up stuck in an entry-level position for years despite having the capabilities to perform the tasks associated with better positions.
A worker’s medical condition should not influence what opportunities a company decides to offer them. When health status affects hiring or promotion decisions, the company may have discriminated against the worker.
Refusing to provide accommodations
Some workers acquire medical conditions while working for a company. Other times, they realize while performing their job that they can do so more effectively with certain types of support. Employers should provide reasonable accommodations to remain compliant with the Americans with Disabilities Act (ADA).
The refusal to let a worker move into a ground-floor office, take more frequent bathroom breaks or use adaptive technology are all examples of inappropriate refusals of reasonable accommodations. Unless the worker’s request for support creates an undue hardship for the organization, an employer should try to help them perform their job safely with appropriate accommodations based on their medical needs.
Workers who have experienced disability discrimination may need help standing up for themselves. They may be able to file a civil lawsuit seeking compensation or other forms of relief based on the discrimination they’ve endured.
