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Disability Discrimination in Workplace and Its Justification


December 7,2016 |

Discrimination on the ground of disability, color, race, sex, marital status is against civil rights. Discrimination is very apparent in workplaces especially in the case of disabled individuals. This is more obvious in cases where an individual is a discrimination for physical disability. Disability discrimination at the workplace may include demoting or firing an employee without a reasonable clause. The same may also be reflected in an employer’s treatment to a disabled individual in terms of hiring, promotion, job assignment, health covers, and certain other amenities.

As per the guidelines of disability discrimination act, an employer does have the right of dismissing a disabled individual provided he is incapable of performing an operation that another human being can accomplish. However, at the same time, it is indispensable that the employer makes an effort to make changes in his working environment so as to make the conditions suitable enough for the disabled individual carry out his normal course of operation. The employer may also seek the advice of government agencies that provide disability equality services.

Workplace adjustments include

– While interviewing a deaf individual, an employer should make provision for an interpreter to help him communicate smoothly with the interview panel.
– Modifying work premises; for example, making ramps, modifying toilets, providing flashing lights to alert people with a hearing loss
– Making small changes in work practices, for instance, swapping some duties among staff, regular meal breaks for a person with diabetes

It is a common perception that disability is only a physical phenomenon. As per statistical data, every one out of six individual suffers from mental disability. Mental disability often stems out of factors like stress, anxiety and sleeping disorders and can be fatal to employee’s health and wellbeing. In most cases, problems at home or even issues at the workplace may be its cause. An employer should take these issues seriously and try to resolve the same in the best possible way.
Disability Discrimination also includes within its scope

– Making working conditions difficult for disabled individuals and making the environment hostile.
-Making humiliating remarks on one’s physical inability

If you feel as though you have been a victim of workplace disability discrimination, it is important to contact a lawyer, such as Law Offices of Anthony Choe a workers compensation lawyer in Los Angeles.

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