No employee, especially one with a disability, should be subjected to discriminatory behavior in the workplace. If you were denied a job, a promotion, or have to constantly endure jokes or inconsiderate statements about your disability, you may have a claim for disability discrimination.
You have the right to equal opportunities as your coworkers. The Americans with Disabilities Act of 1990 protects you from discrimination on the basis of your disability. It also makes sure that reasonable provisions are made for you so that you can fulfill your potential in the workplace.
Video on Disability Discrimination in the Workplace
Disability Defined
A disability is a condition that means you cannot work as much as others in the same position as you. It may also mean that you cannot function under the same work conditions as your coworkers.
The law will see you as being disabled if you have a physical or mental condition that affects your ability to walk, talk, hear, see, learn, or breathe. For example, having a limp or breathing problems due to asthma is considered a disability, as is a history of sickness or disease such as mental illness, or if you are just recovering from cancer. According to U.S. Census Bureau figures, close to 10% of the population in Kansas qualifies as being disabled.
How Employers Discriminate Against Disabled Employees
Under the Kansas Statutes, employers are prohibited from discriminating against actual or potential employees. Under state laws and guidelines developed by the Equal Employment Opportunity Commision, you may have a claim for disability discrimination if:
- You have a condition that requires you to eat certain food items and your employer refuses to provide them at the workplace. It may also be discrimination if your employer refuses to let you eat at your workstation, even when you have to.
- You have to go for regular treatments for your condition and your employer refuses to let you go or blames you for missing work.
- Your employer makes fun of your condition or describes it in an insulting manner.
- Your co-workers make fun of your condition.
- Your employer refuses to allow you to have some things that your condition demands. For instance, an assistance animal or equipment that helps you manage injuries resulting from use.
Reasonable Accommodation
This simply means that your employer has to make reasonable arrangements to help you do your work. It can also amount to giving you permission to do some things that can help you perform your job.
The Kansas Human Rights Commision advises that if you have a disability but can still perform your job with a little help, your employer is legally bound to provide that help.
So long as the things you need to do your job are not unreasonable, your employer may have no excuse for not giving them to you or helping you get them. If you feel you have been discriminated against in your workplace, do not keep quiet. You may have a good claim. Get in touch with a work discrimination attorney today.
Suspect You Have Been the Victim of Disability Discrimination? Contact a Kansas City Disability Discrimination Attorney
If you suspect you were let go, demoted, or missed out on a promotion due to your disability, take the time to contact HKM Employment Attorneys. Our experienced and skilled legal team is ready and able to help.
