According to the ACLU, federal laws safeguard individuals with disabilities against workplace discrimination. These individuals are not obligated to disclose their disability to an employer during the job application process or even after being hired, even if their disability may require reasonable accommodations in the future. Those with disabilities who can perform their job responsibilities cannot be unfairly denied promotions, terminated, demoted, harassed, or paid less due to their disability. Refusing to hire someone solely based on their disability, despite their capability to perform the job, is also illegal. The law also protects individuals with disabilities from unnecessary medical inquiries in the workplace.

What are some instances of disability discrimination in the workplace?

The ACLU provides examples of disability discrimination in the workplace, including:

1. Employer refusal to hire, promote, or equitably compensate an individual capable of performing the job due to their disability.
2. Employer reluctance to make reasonable accommodations for a person with a disability to ensure equal opportunities for success at work.
3. Employer insistence on disclosing or discussing a disability when accommodation has not been requested.
4. Targeting a person with derogatory comments, jokes, or gestures related to their disability by bosses, coworkers, or customers.
   
   

What should I do if I believe my rights have been violated?

The ACLU recommends several steps for individuals with disabilities who believe their rights have been violated. Apart from seeking legal advice, the ACLU suggests filing a discrimination charge with the U.S. Equal Employment Opportunity Commission or a state fair employment practices agency. Timely action is crucial, as deadlines for filing may be as short as 180 days. The ACLU emphasizes that federal employees should contact their EEO counselor within 45 days.

Disability rights are in place to prevent workplace discrimination against individuals with disabilities, and legal professionals specializing in this area can advocate for fair and equitable treatment.