What Are the Signs of Disability Discrimination in the Workplace?
While disability discrimination at work can be subtle or overt, it's unlawful in any form. Both federal and Missouri laws protect workers from unfair treatment due to a physical or mental impairment. Despite these protections, discrimination still occurs and often leaves employees uncertain about their rights or unsure whether their experiences qualify as illegal conduct.
For employees in Liberty, Missouri, knowing what signs to look for is the first step in standing up to unfair treatment and taking action. At Liberty Trial Law Group, we have the experience to fight for the rights of workers in Liberty, Missouri, and the greater Kansas City metro area. That fight starts with educating our community on how to identify disability discrimination in the workplace.
What to Know About Workplace Discrimination Due to Disabilities
Federal and Missouri state laws prohibit employers from making adverse employment decisions based on an individual’s disability. Under the Americans with Disabilities Act (ADA) and Missouri Human Rights Act (MHRA), it's illegal to fire, demote, harass, or refuse to accommodate someone because of a qualifying physical or mental disability.
The ADA applies to employers with 15 or more employees, while Missouri law covers employers with six or more employees. These laws protect individuals not only from direct discrimination but also from retaliation for requesting accommodations or reporting unfair treatment.
Denying Reasonable Accommodations
One of the most obvious signs of disability discrimination is an employer's refusal to provide reasonable accommodations that would enable an employee to perform their job. Reasonable accommodations can include modified work schedules, assistive devices, remote work opportunities, or changes in workplace policies.
If you request a reasonable accommodation and your employer either ignores the request or denies it without discussing alternative solutions, this could be discriminatory. Employers are obligated to engage in an "interactive process" to identify workable accommodations unless doing so would cause undue hardship.
Applying Negative Changes to Job Duties or Performance Reviews
Another red flag is a sudden negative shift in how your employer evaluates your performance or assigns job duties after learning about your disability. If you were consistently receiving positive feedback but suddenly face criticism, demotions, or undesirable tasks after disclosing a medical condition or requesting accommodations, this may point to discriminatory motives.
These changes can be subtle but meaningful, such as exclusion from meetings, reassignment to less favorable shifts, or denial of advancement opportunities. These changes can wear down an employee’s confidence and sense of belonging. If you notice this pattern after a disclosure or accommodation request, it could point to a broader issue of disability discrimination.
Presenting a Hostile Work Environment or Harassment
A hostile work environment is a common form of indirect disability discrimination. This may include coworkers or supervisors making derogatory remarks, jokes, or comments about your disability. While an isolated comment might not rise to the level of illegal harassment, a consistent pattern of demeaning or dismissive behavior can potentially violate your rights.
If your employer fails to intervene after complaints about disability-based harassment, they may be liable for fostering or permitting a discriminatory workplace. This inaction can contribute to a hostile work environment and cause emotional distress. Employers have a legal duty to take prompt, effective action to address reported misconduct.
Unequal Treatment Compared to Peers
Disability discrimination may appear in the form of unequal treatment. For example, if you‘re disciplined more harshly than colleagues for the same infractions, or if you're passed over for promotions despite equal or better qualifications. These disparities often reflect systemic issues within the workplace that disproportionately affect employees with disabilities.
Documentation is key in these cases. Keeping records of how others are treated under similar circumstances can help reveal patterns of bias that may otherwise go unnoticed. This evidence can strengthen your claim by demonstrating that the unfair treatment you experienced wasn’t an isolated incident.
Retaliating for Protected Actions
Retaliation is one of the most common and illegal responses employers take against employees who assert their rights. If you file a complaint, request an accommodation, or support a coworker with a disability-related claim, and you subsequently face termination, demotion, or isolation, this may be retaliatory conduct.
Both the ADA and Missouri Human Rights Act protect employees from retaliation, even if the original discrimination claim is ultimately not proven. The mere act of asserting your rights is enough to trigger legal protections. This allows individuals to come forward without fear of punishment or adverse consequences.
Terminating Unjustly Following Disclosure
Sometimes, employees are fired soon after disclosing a disability or after requesting accommodations. While employers often provide neutral reasons for termination (such as poor performance or downsizing), timing can be a critical clue. If termination follows closely on the heels of a medical disclosure or accommodation request, the decision may be discriminatory.
In these cases, it's crucial to document all communications with your employer, including when and how you disclosed your condition and what their response was. This record can serve as vital evidence if you need to file a complaint or pursue legal action. Detailed documentation can help establish a timeline and demonstrate how your employer handled the situation.
Asking Undue Questions or Making Comments About Your Condition
Employers and managers should respect your privacy and not make intrusive or inappropriate inquiries about your medical condition. Repeated questions about your diagnosis, ability to perform tasks, or need for accommodations may indicate an underlying bias. Such behavior can undermine your sense of dignity and create a hostile work environment.
These conversations can also create discomfort or pressure to disclose more than you're legally required to share. If these comments are frequent or targeted, it could be considered a form of harassment. It's important to document these interactions in case they escalate or become part of a broader pattern of discrimination.
Refusing to Hire or Promote
Disability discrimination can occur even before you're hired. Employers cannot refuse to hire qualified candidates solely because of a disability, nor can they inquire about disabilities during the hiring process. If you’re denied a position or promotion after disclosing a medical condition or requesting a modest accommodation, you may have a valid claim.
Employers must assess applicants based on their qualifications and ability to perform essential job duties with or without accommodations. Decisions based on assumptions about a disability rather than actual capabilities can constitute discrimination. It's important that hiring practices remain fair, objective, and free from bias to present an equal opportunity for all candidates.
Ignoring Formal Complaints or Concerns
When employees report discriminatory treatment and receive no meaningful response from HR or management, this silence can signal tolerance of unlawful conduct. Employers have a legal obligation to investigate complaints and take corrective action. Failure to do so could indicate the presence of discriminatory practices.
If your concerns are dismissed, delayed, or handled with indifference, it may indicate a systemic issue within the organization. Such responses can discourage employees from coming forward, allowing discriminatory practices to persist unchecked. Over time, this lack of accountability can erode trust and contribute to a toxic workplace culture.
What to Do If You Suspect Discrimination Due to Disabilities
If you notice any of these signs of discrimination in your workplace, taking action is essential to protect your rights. This might include reporting the behavior to a supervisor or HR, consulting with an attorney, or filing a formal complaint. Addressing the issue early can help stop the behavior and promote a more inclusive environment. Here are some steps you can take:
Document everything: Save emails, memos, performance reviews, and any correspondence related to your disability or accommodations to create a clear record of events.
Follow company procedures: Report discrimination internally through your HR department or designated process to give your employer a chance to address the issue.
File a formal complaint: Submit your complaint to the Missouri Commission on Human Rights or the Equal Employment Opportunity Commission (EEOC) to initiate an official investigation.
Consult a workplace discrimination lawyer: An experienced attorney can assess your case, guide you through the legal process, and help you seek compensation if appropriate.
By taking these steps, you can help protect yourself in the face of disability discrimination. Being proactive not only safeguards your rights but also helps create a more equitable workplace for others facing similar challenges. Over time, this can contribute to meaningful changes in workplace culture and policy.
Contact Us Today
Disability discrimination isn't always easy to recognize. Unfortunately, many employees suffer in silence because they fear retaliation or don't know where to turn. But the law is on your side, and you don’t have to face this alone.
Recognizing the signs of disability discrimination is the first step toward protecting your career, mental well-being, and legal rights. Don’t ignore red flags or accept unjust treatment. If you’re in Liberty, Missouri, and suspect workplace discrimination based on disability, consult with a law firm and start building your case today.
At Liberty Trial Law Group, we’re committed to protecting the rights of workers who face unfair treatment due to disabilities. We’ve been serving clients in Liberty, Missouri, and the greater Kansas City metropolitan area since 1986. Contact us today for a free consultation and learn how we can help you take the next step toward justice.
