Four Signs You Have Been a Victim of Disability Discrimination
It is against the law in Massachusetts to harass an employee or an applicant because they suffer from a disability, had a disability previously, or if it is apparent that their physical or mental disability is not transitory and minor (which means it may last for at least six months).
Employees who are discriminated on this basis should speak to an experienced disability discrimination mediation attorney in Massachusetts to protect their rights.
Signs of Direct Disability Discrimination
If you are treated at your workplace worse than another employee in a similar situation just because you have a disability, it is a sign of direct discrimination. For instance, if an applicant informs the interviewer during a job interview that they suffer from multiple sclerosis, and the employer rejects them even though they were the best candidate, it is a clear sign of direct discrimination.
Signs of Indirect Disability Discrimination
If you notice that your employer has a way or work or a specific workplace policy that puts disabled persons at a disadvantage compared to others, it could be a sign of indirect discrimination. Unless the employer is able to show a legitimate rationale behind such a policy, they could be sued. It is best to consult with a disability discrimination attorney in Massachusetts to understand your legal options in such a situation.
For instance, if an employer issues a job ad stating that having a driving license is a pre-condition for applying, it could place a person with a disability at a disadvantage if they are unable to have a license (say, if they suffer from epilepsy). The employer’s requirement may be justified for a bus driver’s job, but perhaps not for a teacher’s post if the teacher must work across two separate schools.
Signs that an Employer Failed to Make Reasonable Adjustments
Organizations and employers in Massachusetts are responsible for ensuring that people with disabilities can access services, education, and jobs as easily as anyone else. If an employer violates their legal duty to make reasonable adjustments, you should speak to a competent disability discrimination mediation attorney in Massachusetts to fight for your rights.
For instance, if an employee who is mobility impaired requires a parking space near the office building, but the employer refuses to provide them with a designated parking space (while reserving it for senior managers), it could be seen as a failure to make reasonable adjustments.
Signs of Harassment of a Disabled Worker
Harassment of a disabled worker in Massachusetts is said to occur when they are treated in a manner that makes them feel offended, degraded or humiliated. For instance, if a disabled employee is called names by co-workers and frequently sworn at because of their disability, it could be a sign of harassment.
There is no legal justification for harassment. But if the employer can show that they took all the necessary steps to end the victim’s
harassment, you may not have a claim against the employer, although you could still pursue a claim against the actual harassers. Consult with a compassionate disability discrimination attorney in Massachusetts to file your claim.
Have You Been a Victim of Disability Discrimination? Call Shapiro Mediation Services Today
Shapiro Mediation Services has made an impact in communities across Massachusetts and South Florida. The firm also continues to provide high levels of service, excellence, and compassion no matter what the circumstance. Call (339) 298-7733 to schedule a free consultation with one of our mediators at our Massachusetts or South Florida office, or contact us online.