5 Examples of Disability Discrimination

Disability discrimination does not always involve an employer openly admitting why it treated you differently. It may appear through denied accommodations, sudden criticism, missed promotions, or termination soon after you disclose a medical condition. These 5 examples of disability discrimination show how unlawful treatment can develop during hiring, employment, medical leave, and separation from a job.

Our employment lawyer can review the timing, communications, company policies, and reasons given for your termination. At LNN, we represent employees who have already lost their jobs after disability-related disputes with hospitals, corporations, and other large employers.

Discrimination During Employment Decisions

Employers cannot use a qualified employee’s physical or mental disability as the reason for denying equal employment opportunities. The employee must still be able to perform the position’s main duties, with or without a reasonable accommodation.

Two common examples involve hiring and advancement:

Refusing to Hire a Qualified Applicant

An employer may reject an applicant after learning about a disability, medical restriction, past medical leave, or need for an accommodation. The employer may offer another explanation, but inconsistent interview notes, changing reasons, or questions about the applicant’s health may show that the disability affected the decision.

Denying a Promotion Because of a Disability

An employee may meet the stated qualifications but lose the promotion after requesting leave, changing a work schedule, or disclosing a diagnosis. Evidence may include strong performance reviews followed by sudden criticism, different standards applied to other candidates, or comments suggesting the employee cannot handle more responsibility because of the medical condition.

A disability discrimination claim may rely heavily on timing. Emails, performance records, job postings, interview notes, and comparisons with other employees can show whether the stated business reason matches what actually occurred.

Accommodation Failures

California employers with at least 5 employees generally must consider reasonable changes that allow a qualified employee to perform the job. The employer must communicate with the employee about available options rather than reject the request without meaningful discussion.

Two additional examples involve that process:

Denying a Reasonable Accommodation

Possible accommodations depend on the job and medical restrictions. They may include:

• Modified work hours
• Additional breaks
• Medical leave
• Changes to nonessential duties
• Assistive equipment
• Temporary remote work
• Reassignment to an available position

The employer does not have to remove the job’s primary duties or accept an arrangement that creates substantial difficulty or expense. However, simply stating that an accommodation is inconvenient does not end the analysis.

Refusing to Participate in the Accommodation Process

An employer may violate an employee’s rights even when no particular accommodation has been selected. Problems arise when management ignores the request, delays responding, demands unnecessary medical details, or insists that only one option will be considered.

Our lawyer can review whether the employer discussed possible adjustments in good faith. Medical notes, human resources messages, meeting records, and prior accommodations given to other workers may show whether the company genuinely considered your request.

Termination After a Disability Disclosure

The fifth example often appears near the end of employment: firing an employee because of a disability.

An employer may not terminate you because of a protected disability when you can perform the job with a reasonable accommodation. Some companies attempt to disguise the decision as poor performance, restructuring, attendance problems, or a policy violation.

The explanation deserves closer review when termination follows:

• A request for accommodation
• Notice of a diagnosis
• Medical leave
• A workplace injury
• A complaint about disability discrimination
• A request to return with medical restrictions

Close timing does not prove the entire disability discrimination case, but it can support the claim when combined with inconsistent explanations, favorable reviews, unequal discipline, or evidence that the employer had already decided to remove you.

Contact Our Disability Discrimination Attorney Today

These 5 examples of disability discrimination are not the only ways an employer may violate your rights. The strength of the claim will depend on what the employer knew, how it responded, when the termination occurred, and whether its stated reason is supported by the records.

LNN can examine your employment history, accommodation requests, medical documentation, and termination records. Contact us today for a consultation if you believe your employer used your disability against you.