We’ll demonstrate several cases of workplace handicap discrimination below, but first, let’s look at the law.
Whether you’re in school, purchasing a home, or working, English law protects you from handicap discrimination in all aspects of your life. Knowing the many sorts of discrimination is helpful in determining whether or not you have been treated unfairly.
It’s not always as evident as you may imagine. Discrimination based on disability can take several forms at work, including
Direct Discrimination occurs when one individual is treated unfairly because of a disability.
Discrimination by association occurs when a person is treated unfairly because of a relationship with someone who has a handicap, such as terminating an employee who has a disabled child.
Indirect Discrimination occurs when a regulation or policy is implemented in the workplace that has a negative impact on a person with a disability.
Perception Discrimination occurs when someone is treated unfairly because they are believed to have a disability that they do not have.
Harassment is when you are subjected to inappropriate behavior that bothers or offends you because you have a disability or because it is related to your impairment.
Victimization occurs when a person is treated badly as a result of committing a “protected act.” This includes if they file a disability discrimination complaint.
Failure to Make Reasonable Accommodations — Employers have a responsibility to ensure that disabled individuals have the same access to the role and workplace as non-disabled people. If your employer refuses to make reasonable adjustments because someone else wants to sit there because they like the desk, you may have a claim. For example, if you have a bladder condition that is classified as a disability and you ask your employer to let you sit close to the toilet, but they refuse because someone else wants to sit there because they like the desk. This is most likely due to a failure to modify in a fair manner.
Discrimination As a Result of a Disability – This is when you are treated unfairly because of something related to your disability, such as your employer knowing you have cancer and you’ve requested time off to attend a cancer treatment appointment, lowering your attendance rating and causing you to miss out on a bonus payment because of your absence for cancer treatment.
Here are some workplace examples of disability discrimination.
Illness of the Mind
A mental disease, such as anxiety or depression, that has an impact on your day-to-day living might be classified as a disability.
One example is if you work at a slower pace than your coworkers as a result of your mental illness, and your employer takes disciplinary action against you as a result of your reduced productivity. Another scenario would be if your high levels of sick leave landed you in a formal disciplinary procedure, but they were directly related to your handicap.
If you provide care for someone with a handicap, you may be able to file a claim for discrimination by association if your employer treats you unfairly as a result of your responsibilities.
If you’re a single parent caring for a disabled child, you might have to take time off work every time your child gets sick, has a medical appointment, or has to stay in the hospital. If your boss is annoyed by the amount of time you’re taking off and fires you, you may have grounds to file a claim under the Equality Act 2010 for Discrimination by Association.
If you seek for a job or already have one, and you can’t do a certain part of it due of your impairment, your employer is required to make reasonable adaptations to your workplace. If they don’t, you may be able to file a disability discrimination claim against your company.
For example, suppose you’re deaf and apply for a job for which you’re qualified and meet all standards, but you’re not hired because the position needs a little bit of phone work, which you couldn’t accomplish without reasonable accommodations. Rather than just rejecting your application for the post, the potential employer should consider reallocating that little part of the role to someone else or putting in place procedures to assist you.
Even though your job application was unsuccessful, you may be eligible to file a disability discrimination lawsuit if they do not attempt to make reasonable accommodations.