Common Types of Disability Discrimination in the Workplace

Do you think you’ve been treated unfairly at work because of your disability? If so, you may be experiencing discrimination. Some types of disability discrimination appear in less obvious, more gradual ways, making it challenging to tell whether your rights have been violated. 

Learning about California’s workplace disability laws can help you understand your rights and better recognize unlawful treatment in the workplace. Below, our team from D.Law discusses the main types of disability discrimination with examples of each. If you need a California employment attorney to review your case, call us today. 

What Counts As a Disability Under California Law?

In California, the Fair Employment and Housing Act (FEHA) defines a disability as a physical or mental condition that limits one or more major life activities. This is a broader standard than the federal ADA’s ‘substantially limits’ definition. This includes physical conditions, such as recent or previous injuries, as well as invisible ailments, such as mental and chronic diseases. California covers a long list of conditions, though a couple that may not qualify as disabilities are temporary ailments that are expected to resolve soon and substance addictions. 

Types of Disability Discrimination in the Workplace

The disability laws in California prohibit employers and other employees from discriminating against you because of your condition. While an employer can treat you more favorably or adjust your working conditions to accommodate your needs, they cannot discriminate against you because of your impairment. 

So, what does discrimination in the workplace look like? Here are the main types of disability discrimination:

Direct Discrimination

Direct discrimination occurs when an individual is treated unfairly because of their impairment. Examples include:

• An employer choosing not to hire a qualified candidate because of their condition
• An individual being fired immediately after notifying their employer of their impairment
• An employee with a disability being paid less than a similarly qualified coworker
• An employee with a disability being given less favorable job assignments that do not relate to their accommodation needs
• An individual missing their annual bonuses or promotions after notifying their employer of their impairment

In these situations, you might be treated differently from other coworkers or candidates in your exact position because of your disability. In some cases, you might be even more qualified than another candidate for a role yet still not be chosen because the potential employer may not want to make the necessary accommodations, which violates California law. 

Indirect Discrimination

Indirect discrimination occurs when an organization has certain selective policies that inadvertently exclude employees or applicants with disabilities. These policies may seem neutral to those who do not have disabilities, but they can unfairly disadvantage certain employees.

For example, if the company states that all workers must have a valid driver’s license, this might exclude individuals with epilepsy or vision impairments who are unable to drive. This requirement may be justified if the job listing is for a position such as a commercial truck driver. It may not be as reasonable for positions like a salesperson who works at two locations, as reasonable accommodations such as transportation assistance may be available. 

Failure To Make Reasonable Adjustments

California law requires employers to provide reasonable accommodations to individuals with disabilities, ensuring fair access to employment. One of the common types of disability discrimination arises when an employer fails to make reasonable accommodations for an employee or job applicant with an impairment. 

The term “reasonable adjustments” is often a source of debate, as employers are not required to make adjustments that cause them undue hardship. Still, they cannot deny adjustments just because they cost the organization money, though they may be able to deny ones that could be too difficult for the organization’s size and resources. In general, adjustments should aim to assist the person in applying for the role, performing their job, or enjoying the job’s benefits. 

Here are some examples of common accommodation requests:

• Working from home on certain days of the week
• Changes to the workstation to accommodate an impairment
• New equipment that would help the employee perform their role
• Adjustments to on-site facilities to make them accessible
• Closer parking at work
• The allowance of a service animal
• Reassignment to a new job position that’s available
• Time off for medical leave
• Different work hours

Harassment 

Harassment is an unwelcome behavior that involves demeaning, intimidating, or humiliating a person. Harassment based on disability can occur when an employer or other employees make threatening or derogatory comments that are directly related to an individual’s impairment.

This could come in the form of verbal abuse, degrading nicknames, passive-aggressive comments, derogatory messages in email chains, physical aggression, and more. Harassment may also be indirect, such as employees creating offensive rumors or gossip. 

Pre-Employment Health Questions or Screenings

Employers cannot ask pre-employment health questions that are explicitly designed to disqualify individuals with disabilities. If the information is necessary for the job role or application process, health-related questions may be allowed. In other circumstances, though, employers typically must wait until the employee has been offered a job to ask specific questions regarding their health. 

Similar laws apply to the requirement of pre-employment health screenings. Screenings may be warranted for specific roles, such as requiring drug panels for DOT positions. Aside from specific exceptions, however, employers generally cannot require applicants to undergo a medical examination before extending an offer. 

If you’re asked about the medications you’re taking or your physical limitations during an application for an office position, this may be a form of disability discrimination, depending on the context. 

Retaliation 

In some cases, employees who observe discrimination or unfair work practices may report the violation.

In California, employers are prohibited from retaliating against an individual for reporting workplace discrimination, harassment, or other similar concerns. If they do so, this may be considered illegal retaliation or victimization. 

Do You Need Help Understanding Your Disability Rights?

Now you understand some of the common types of disability discrimination. Next, learn more about your rights regarding disability leave termination. If you think you’ve been discriminated against at work because of your disability, call D.Law at (818) 275-5799 to schedule a consultation.