Do you have a disability?
That can sometimes seem to be a problematic – even loaded – question when posed to an individual in the workplace realm.
Both prospective and current employees might reasonably be taken aback when hearing that query, especially when a boss or hiring manager is asking it. Why does the company want to know? Does the question seem tied to performance? Does it seem selectively aimed for an arguably impermissible purpose? Is there anything arguably hostile or harassing about it?
Disability can be a bit of a slippery slope in federal work environments nationally. Employers – co-workers, vendors, customers and other parties as well – sometimes ask questions in good-faith for reasons they believe are valid. Sometimes that is the case.
And sometimes it isn’t.
What exactly is workplace disability discrimination?
We note at the national employee-rights Devadoss Law Firm that disability discrimination exists “when an employer takes an adverse action against an employee or job applicant on the basis of his or her disability.”
The word “adverse” is obviously key in the foregoing sentence. It prominently relates to outcomes involving matters like hiring/firing, pay and promotions.
Adverse actions also include a company’s disinclination to render a work environment accessible to disabled persons and an employer’s refusal to provide a reasonable accommodation to a disabled worker. Accommodations are legally mandated except in instances when making them would impose undue hardship on a company.
Individuals who believe they have suffered disability discrimination at work can contact an experienced employment law legal team for guidance and proven advocacy.