What is the Legal Way to Fight Discrimination?
Disability and employment are not mutually exclusive terms. Whether one is disabled or not, there is an inherent bias between the two. Many people view disabled individuals as less desirable than other employees because of their disabilities. In addition, disabled workers tend to live in less-than-affordable environments and lack the resources necessary to address their conditions. This often leads to instances of discrimination in which disabled individuals are forced into low-paying jobs with limited opportunities for advancement.
However, some cases of disability discrimination are perfectly acceptable. For example, refusing to admit a child with epilepsy is a form of discrimination. But when a child has epilepsy and the school refuses to accept him or her, this is a form of discrimination. It is difficult to justify such discrimination. But if the disability discrimination is unjustified, it counts as discrimination.
In many cases, employers are guilty of discrimination simply because they lack the appropriate accommodations for disabled employees. This is often the result of cultural or social barriers. If employers fail to provide the proper accommodations for disabled employees, it can amount to a serious breach of an employee’s employment contract. The government should also consider implementing stricter regulations for the hiring process so that discrimination doesn’t occur. In addition to these changes, employers should be punished for violating laws relating to employment.
Although the laws on employment discrimination are not clear, disability discrimination is widespread in society. A recent EEOC case involved a woman with irritable bowel syndrome, and the House of Raeford Farms filed a lawsuit against a former employee with anemia for refusing to work in a warmer climate. Discrimination is a form of harassment and must be investigated and prosecuted. So what is the legal way to fight disability discrimination?
Disability and Employment – What is the Legal Way to Fight Discrimination?
Direct discrimination is when people with disabilities are treated less favorably than others. A restaurant might allow one disabled child to eat in the outside dining area, but deny it to another disabled family. In such instances, the child’s family is not provided the same choices as the other families. That is direct discrimination, and the parents of the disabled child most likely have a case. The discrimination of a disabled child or adult should be investigated immediately.
There are also many legal barriers to employment for people with disabilities. Under the ADA, employers are allowed to refuse employment to individuals with disabilities who are a “direct threat” to their health and safety. Discrimination that is based on disability is generally related to broader social barriers and prejudices. The regulations have specific provisions to address these barriers. Therefore, employers are free to select the most qualified candidate, regardless of disability.
According to the ADA, employers must make employment applications available to everyone. They may need to provide accommodations for an interview. But discrimination is not acceptable when employers “hide” disabled employees. Employers should be careful not to take negative action against employees and demotions. Even if they are not aware of this discrimination, they must ensure that the disability is acknowledged as part of their employee profile. If employers don’t make accommodations, the disabled employee may be terminated.