Physical disability discrimination refers to a situation where individuals are treated differently in several spectrums of life because of the disability that they suffer from.
Irrespective of the disability a person has, in the sense, no matter if it is visible or not, treating that individual differently or denying them certain rights, is against law. If you are looking to overcome disability discrimination that you have to face in your professional life, you are at the right place.
Under the law, all are treated equally, and people with disabilities have special rights that help them deal with certain situations. No one is allowed to treat them differently at the workplace or anywhere else. Bibiyan Law Group is a group that operates to protect the rights of physically disabled people and help them protect themselves. In case you face any discrimination, you can seek advisory help from expert lawyers and they will help you better in such matters.
A Few Things to Know
When you apply for a job in any company, the employer is not entitled to ask you about the disability, whether or not you are suffering from one, or the degree of disability you have. The employer may, however, ask whether you can perform your duties adequately, either with or without accommodations of any kind.
The employer is also expected to keep all information related to the employees confidential and separated from the personnel records. The employer also cannot ask you to undergo any kind of physical examination to prove the level of disability you go through.
Also, any employer cannot reject you on knowing about your disability, until and unless the reasons are accurate and there is some job-related conduct that you cannot do for the employer’s business. Furthermore, they cannot reject you if you are competent enough to carry out your delegated tasks and carry out all essential functions with the help of accommodation permitted by law.
You can seek professional help if you face any kind of difficulties in your professional life because of the disability you suffer. Both state and federal governments have anti-discrimination laws, and any employer cannot discriminate against candidates on the ground of disability.
In addition to that, they are responsible to provide the disabled candidates with the required accommodations to allow them to perform all essential functions of their job.
Overcoming Disability Discrimination
Employers are required to take certain steps with the help of which disability discrimination is prevented and they can also easily overcome such claims if any is done against them. A disabled employee should know them, and if any issues related to the same are faced, they have full right to act upon the behaviour and take necessary steps.
● The employer is required to recognise the discrimination done with disabled people, for instance, poor performance reports are unlawful until they are justified with adequate proofs.
● Employers are not allowed to ask individuals any disability or health-related questions until they make a job offer to them. At times, certain questions are necessary to adapt to the recruitment process and they can only ask them to answer such questions when a job offer is presented. The employer can ask if the candidate can perform the intrinsic job responsibility.
● The employer is expected to stay proactive in arranging all required and reasonable adjustments for job applicants as well as for the disabled employees. All required adjustments are to be done in the procedures, policies and practices so that the special needs of employees or job applicants are accommodated.
● Employers are suggested to refrain from making any kind of negative assumptions related to the particular disability of a person.
● The job opening advertisements should not state that a particular job is not suitable for a person suffering from a disability of any kind.
● Health screening of candidates or employees should be carried out only when there are substantial and material reasons for the same. Employers should treat all job applicants equally.
● The information to job applicants should be provided in formats that facilitate application from the disabled as well.
● The employers shouldn’t specify qualification, health and fitness requirements, or specific experience, dexterity or mobility that is not much relevant to the vacancy. This may discriminate against people who suffer from disabilities.
● Keep checking that certain employees with disabilities have fair and full access to the opportunities as normal employees have. For instance, promotions, training, transfer, etc.
● Making sure that the line managers, supervisors and everyone else responsible for the recruitment process are familiar with all policies of the organization and the procedures of equal duties and responsibilities and to make all reasonable adjustments.
● Have tight policies in place to ensure that no victimisation of disabled people takes place in your workplace. The employee shouldn’t place any complaint regarding the discrimination done on grounds of the disability.
● Action on all complaints of harassment received, seriously, is essential. The employer should investigate the situation thoroughly and if it finds that the complaint was true, take all required steps promptly so that the behaviour is not repeated in future.
● The employer should have all reasonable policies in place to ensure that their staff doesn’t behave in a discriminatory way with any of the disabled employees. Employees should have access to everything and in addition to that, they can provide them with training in disability issues. Communicating the equality policies of the organization and procedures is critical.
● Employers should work towards implementing policies of equal opportunities and ensure that it is clearly stated that there must not be any discrimination or harassment against any job applicant or employee on grounds of their disability.
● The employer is expected to take all reasonably practicable steps to prevent employees from behaving differently with disabled employees.
● The employer should also adhere to the provisions laid out by the Disability Rights Commission’s Code of Practice on Occupation and Employment.
If you have ever suffered disability discrimination in the workplace, you are entitled to take all necessary steps to prevent obligations. If you are qualified to do a certain job, there are state and federal laws in place under which no one can refrain you from getting what you deserve.